Textual Amendments
F1Ss. 210B-210H and cross-headings inserted (19.6.2006 for specified purposes) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1, 89 (as amended with regards to ss. 210B, 210D and 210G (27.9.2005) by S.S.I. 2005/465, art. 2, Sch. 1 para. 34(2)); S.S.I. 2006/332, art. 2
(1)The High Court, at its own instance or on the motion of the prosecutor, if it is satisfied, having regard to—
(a)a risk assessment report submitted under section 210C(4) or (5) of this Act;
(b)any report submitted by virtue of section 210D of this Act;
(c)any evidence given under section 210C(7) of this Act; and
(d)any other information before it,
that, on a balance of probabilities, the risk criteria are met, shall make an order for lifelong restriction in respect of the convicted person.
(2)An order for lifelong restriction constitutes a sentence of imprisonment, or as the case may be detention, for an indeterminate period.
(3)The prosecutor may, on the grounds that on a balance of probabilities the risk criteria are met, appeal against any refusal of the court to make an order for lifelong restriction.
(1)Where, in respect of a convicted person—
(a)a risk assessment order is not made under section 210B(2) of this Act, or (as the case may be) an interim compulsion order is not made by virtue of section 210D(1) of this Act, because the court does not consider that the risk criteria may be met; or
(b)the court considers that the risk criteria may be met but a risk assessment order, or (as the case may be) an interim compulsion order, is not so made because the person is subject to an order for lifelong restriction previously imposed,
the court shall dispose of the case as it considers appropriate.
(2)Where, in respect of a convicted person, an order for lifelong restriction is not made under section 210F of this Act because the court is not satisfied (in accordance with subsection (1) of that section) that the risk criteria are met, the court, in disposing of the case, shall not impose on the person a sentence of imprisonment for life, detention for life or detention without limit of time.]