Version Superseded: 20/10/1997
Point in time view as at 01/04/1996. This version of this provision has been superseded.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Prisoners and Criminal Proceedings (Scotland) Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations.
6(1)This paragraph applies where, in the case of an existing life prisoner, the Lord Justice General, whom failing the Lord Justice Clerk, after consultation with the trial judge, if available, certifies his opinion that, if section 2 of this Act had been in force at the time when the prisoner was sentenced, the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.
(2)In a case to which this paragraph applies, sections 1 to 27 of this Act except sections 1(4) and 2(9) shall apply as if—
(a)the existing life prisoner were a discretionary life prisoner within the meaning of section 2 of this Act; and
(b)the relevant part of his sentence within the meaning of that section were the part specified in the certificate.
(3)Where a person is serving two or more sentences of imprisonment for life or detention without limit of time or for life—
(a)he shall be treated as a discretionary life prisoner within the meaning of section 2 of this Act only if the requirements of sub-paragraph (1) above are satisfied in respect of each of those sentences; and
(b)notwithstanding the terms of any certificate under that sub-paragraph, subsections (4) and (6) of section 2 shall not apply to him until he has served the relevant part of each of those sentences.
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