Prisoners and Criminal Proceedings (Scotland) Act 1993

10 Life prisoners transferred to Scotland.S

[F1(1)In a case where a transferred life prisoner transferred from England and Wales (whether before or after the commencement of this enactment) is a life prisoner to whom section 28 of the M1Crime (Sentences) Act 1997 (duty to release certain life prisoners) applies, this Part of this Act except sections 1(4) and 2(9) shall apply as if—

(a)the prisoner were a designated life prisoner within the meaning of section 2 of this Act; and

(b)the designated part of his sentence within the meaning of that section were the relevant part specified in an order or direction made under the said section 28.]

(2)In the case of any other transferred life prisoner [F2, except such case as is mentioned in paragraph 7 of Schedule 6 to this Act,] subsection (3) below applies where the Lord Justice General, whom failing the Lord Justice Clerk, certifies his opinion that, if the prisoner had been sentenced for his offence in Scotland after the commencement of section 2 of this Act, the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

(3)In a case to which this subsection applies, this Part of this Act except sections 1(4) and 2(9) shall apply as if—

(a)the transferred life prisoner were a [F3designated] life prisoner within the meaning of section 2 of this Act; and

(b)the [F4designated] part of his sentence within the meaning of that section were the part specified in the certificate.

(4)In this section “transferred life prisoner” means a person—

(a)on whom a court in a country or territory outside Scotland [F5or a court-martial] has [F6(whether before or after the commencement of this section)] imposed one or more sentences of imprisonment or detention for an indeterminate period; and

(b)who has been transferred to Scotland [F7[F8, or in the case of a sentence imposed by a court martial in Scotland to a prison in Scotland (in either case whether] before or after that commencement)], in pursuance of—

(i)an order made by the Secretary of State under [F9paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997] or section 2 of the M2Colonial Prisoners Removal Act 1884; or

(ii)a warrant issued by the Secretary of State under the M3Repatriation of Prisoners Act 1984, [F10; or

(iii)rules made under section 122(1)(a) of the M4Army Act 1955 (imprisonment and detention rules); or

(iv)rules made under section 122(1)(a) of the M5Air Force Act 1955 (imprisonment and detention rules); or

(v)a determination made under section 81(3) of the M6Naval Discipline Act 1957 (place of imprisonment or detention),]

there to serve, or to serve the remainder of, his sentence or sentences [F11; and in this subsection “prison” has the same meaning as in the 1989 Act.].

(5)Where a transferred life prisoner has been transferred to Scotland to serve the whole or part of two or more sentences referred to in subsection (4)(a) above—

(a)he shall be treated as a [F12designated] life prisoner (within the meaning of section 2 of this Act) for the purposes of subsection (3) above only if the requirements of subsection (2) above are satisfied in respect of each of those sentences; and

(b)notwithstanding the terms of any order under [F13the said section 28 of the M7Crime (Sentences) Act 1997] or of any certificate under subsection (2) above, subsections (4) and (6) of section 2 of this Act shall not apply to him until he has served the relevant part of each of those sentences.

Textual Amendments

F1S. 10(1) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(a) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F2Words in s. 10(2) inserted (27.7.1993) by 1993 c. 36, ss. 76(2)(b), 78(2)

F3Word in s. 10(3)(a) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F4Word in s. 10(3)(b) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(8)(c) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F5Words in s. 10(4)(a) inserted (3.2.1995) by 1994 c. 33, s. 133(a); S.I. 1995/127, art. 2(1), Sch. 1

F6Words in s. 10(4)(a) inserted (27.7.1993) by 1993 c. 36, ss. 76(2)(c), 78(2)

F7Words in s. 10(4)(b) inserted (27.7.1993) by 1993 c. 36, ss. 76(2)(c), 78(2)

F8Words in s. 10(4)(b) substituted (3.2.1995) by 1994 c. 33, s. 133(b)(i); S.I. 1995/127, art. 2(1), Sch. 1

F9Words in s. 10(4)(b)(i) substituted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4 para. 16(1); S.I. 1997/2200, art. 2(1)(l)(2)(i) (subject to art. 5)

F10S. 10(4)(b)(iii)(iv)(v) and the preceding word “; or”inserted (3.2.1995) by 1994 c. 33, s. 133(b)(ii); S.I. 1995/127, art. 2(1), Sch. 1

F11Words in s. 10(4)(b) inserted (3.2.1995) by 1994 c. 33, s. 133(b)(iii); S.I. 1995/127, art. 2(1), Sch. 1