Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

Part I E+W+S Detention, Transfer and Release of Offenders

Modifications etc. (not altering text)

C1 Pt. I (ss. 1-27) modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

C2 Pt. I (ss. 1-27) applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)

C3 Pt. I (ss. 1-27) applied (S.) (8.10.2001) by 2001 asp 7, ss. 4, 5, Sch. Pt. 2 para. 29; S.S.I. 2001/274, art. 3(3)

Early release E+W+S

Prospective

[F1 11 Duration of licences. S

(1) Where a life prisoner is released on licence under this Part of this Act, the licence shall (unless revoked) remain in force until his death.

(2) Without prejudice to any order under section 209 of the 1995 Act (supervised release orders), where a prisoner is released on licence under section 3(1) of this Act, the licence shall (unless revoked) remain in force until the date on which, but for such release, he would have been released by virtue of section 34 of the Crime and Punishment (Scotland) Act 1997 (early release).

(3) For the purposes of fixing the date mentioned in subsection (2) above, there shall be taken into account—

(a) any early release days actually awarded to the prisoner under section 34 of that Act prior to his release; and

(b) the maximum number of such days which he could have been awarded had he remained in prison during the period when he was released on licence.]

Textual Amendments

F1 S. 11 substituted (prosp.) by 1997 c. 48, ss. 62(1), 65(3), Sch. 1 para. 14(9) (with s. 33) (which amending provision was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 141(1)(b), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y))

Modifications etc. (not altering text)

C4 Ss. 1(4), 2, 2(4), 3, 11-13, 15, 17, 18, 19 extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6); S.I. 1997/2200, art. 2(1)(g) (subject to art. 5) (which amending provisions were amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(a)(i)(d)(6)(a)(i)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(1)(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)