Prisons (Scotland) Act 1989

[F1 43 Interpretation. S

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

• [F2 “ the 1995 Act ” means the Criminal Procedure (Scotland) Act 1995; ]

  [F3 “Chief Inspector” means the Chief Inspector of Prisons for Scotland;]

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

• “ criminal prisoner ” means a person committed to prison in respect of a charge or conviction of a criminal offence and “ civil prisoner ” includes any other prisoner;

• [F4 “independent prison monitor” means an independent prison monitor appointed under section 7B(2)(a);

• “OPCAT” means the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment adopted on 18th December 2002 at the fifty-seventh session of the General Assembly of the United Nations by resolution A/RES/57/199;]

• F5 . . .

• F5 . . .

• “ prison ” includes any prison other than a naval, military or air force prison;

• [F6 “prison monitoring co-ordinator” means a prison monitoring co-ordinator appointed under section 7A(2);]

• “ prisoner ” means a person committed for trial, safe custody, punishment or otherwise; and

• [F7 “SPT” means the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment established under Article 2 of OPCAT.]

• F8 . . .

(2) For the purposes of any reference, however expressed, in this Act F9 . . . to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(3) Any reference in this Act, however expressed, to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.

(4) Any reference in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of offenders of his age.

(5) References, however expressed, in this Act F10 . . . to imprisonment shall, so far as those provisions apply to institutions provided under section 19 of this Act, be construed as including detention in those institutions.

(6) For the purpose of this Act the maintenance of a prisoner shall include all necessary expenses incurred in respect of the prisoner for food, clothing, custody and removal from one place to another from the period from the date of the order for his committal to prison until his death or discharge from prison.

(7) Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.]

Textual Amendments

F1 Words in s. 41B(3) added (8.2.2006) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 16(c)(iii), 24(2); S.S.I. 2006/48, art. 3(1), sch. Pt. 1

F2 Words in s. 43(1) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 7

F3 Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(a) (with art. 5)

F4 Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(b) (with art. 5)

F5 Definitions in s. 43(1) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F6 Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(c) (with art. 5)

F7 Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(d) (with art. 5)

F8 Definition in s. 43(1) repealed (1.10.1993) by 1993 c. 9, s. 47(1)(3), Sch. 5 para. 6(9)(a), Sch. 7 Pt. I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F9 Words in s. 43(2) repealed (1.10.1993) by 1993 c. 9, s. 47(1)(3), Sch. 5 para. 6(9)(b), Sch. 7 Pt. I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F10 Words in s. 43(5) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

Modifications etc. (not altering text)

C1 S. 43 extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(2)(a)(b), 12(2)(a)(b)(c); S.I. 1997/2200, art. 2(1)(g)(n) (with art. 5))

S. 43 modified (30.6.1999) by S.I. 1999/1748, art. 4(2), Sch. 3 paras. 5-8, 9

Ss. 18, 19(4), 22, 24, 26, 28, 29, 30, 32, 39, 43, Sch. 1: certain functions made exercisable in Scotland (30.6.1999) by S.I. 1999/1748, art. 4(2), Sch. 3 Pts. II, III paras. 5-9