Prisoners and Criminal Proceedings (Scotland) Act 1993

27 Interpretation of Part I. E+W+S

(1) In this Part of this Act, except where the context otherwise requires—

• “court” does not include a court-martial;

• “discretionary life prisoner” has the meaning given by section 2 of this Act;

• “life prisoner” means a person serving a sentence of imprisonment for life;

• “local authority” means a regional or islands council;

• “long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;

• “Parole Board” means the Parole Board for Scotland;

• “petty sessions area” has the same meaning as in the Justices of the M1 Peace Act 1979;

• “relevant officer”, in relation to a local authority, means an officer of that authority employed by them in the discharge of their functions under section 27(1) of the M2 Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prison etc.);

• “short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years;

• “supervised release order” has the meaning given by section 212A (as inserted by section 14 of this Act) of the 1975 Act but includes any order under subsection (2) of the said section 14; and

• “supervising officer” has the meaning given by the said section 212A.

(2) The Secretary of State may by order provide—

(a) that the references to four years in the definitions of “long-term prisoner” and “short-term prisoner” in subsection (1) above shall be construed as references to such other period as may be specified in the order;

(b) that any reference in this Part of this Act to a particular proportion of a prisoner’s sentence shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.

(3) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.

(4) For the purposes of this Part of this Act so far as relating to licences or persons released on licence, the age of any person at the time when sentence was passed on him shall be deemed to have been that which appears to the Secretary of State to have been his age at that time.

(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, he has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(6) If additional days are awarded in accordance with rules made under section 39(7) of the 1989 Act (and are not remitted in accordance with such rules), the period which the prisoner (or eventual prisoner) must serve before becoming entitled to or eligible for release shall be extended by those additional days.

(7) Where (but for this subsection) a prisoner would, under any provision of this Act or of the 1975 Act, fall to be released on or by a day which is a Saturday, Sunday or public holiday he shall instead be released on or by the last preceding day which is not a Saturday, Sunday or public holiday.

Commencement Information

I1 S. 27 not in force at Royal Assent see s. 48(2). S. 27(1)(2)(3) in force for certain purposes at 18.8.1993, S. 27 wholly in force at 1.10.1993 by S.I. 1993/2050, art. 3(2)(4), Sch. 1

Marginal Citations

M1 1979 c. 55.

M2 1968 c. 49.