Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Criminal Justice (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 and come into force immediately after they are made.

(2)

In these Regulations, “the relevant period” means the period during which the Coronavirus (Scotland) Act 2020 remains in force.

Modification of the Criminal Justice (Scotland) Act 20032.

(1)

During the relevant period, section 16 of the Criminal Justice (Scotland) Act 20032 has effect subject to the following modification.

(2)

In section 16(3), after paragraph (a) insert—

“(aa)

the date on which the convicted person is released under or by virtue of regulations made under paragraph 19(1) of schedule 4 of the Coronavirus (Scotland) Act 20203;”

Modification of the Victims and Witnesses (Scotland) Act 20143.

(1)

During the relevant period, section 27A of the Victims and Witnesses (Scotland) Act 20144 has effect subject to the following modification.

(2)

In subsection (4), for the definition of “lawful release” substitute—

““lawful release” means release under or by virtue of—

(a)

the 1989 Act (other than temporary release),

(b)

the 1993 Act, or

(c)

regulations made under paragraph 19(1) of schedule 4 of the Coronavirus (Scotland) Act 2020,”.

Modification of the Coronavirus (Scotland) Act 20204.

(1)

During the relevant period, paragraph 19 of schedule 4 of the Coronavirus (Scotland) Act 2020 has effect subject to the following modification.

(2)

In sub-paragraph (9), after the definition of “the 1995 Act” insert—

““governor” means—

(a)

the governor appointed for that prison under section 3(1A) of the Prisons (Scotland) Act 1989,

(b)

in relation to a contracted out prison, the director appointed under section 107(1)(a) of the Criminal Justice and Public Order Act 1994,”.

H YOUSAF
A member of the Scottish Government

St Andrew’s House,

Edinburgh