SCHEDULES
SCHEDULE 1 Consecutive and Concurrent Terms of Imprisonment
General
1
This Schedule applies as respects the release of a person on whom there has been imposed—
a
a term of imprisonment on conviction of an offence (“his offence term”); and
b
a term of imprisonment or detention mentioned in section 5(1)(a) or (b) of this Act (“his non-offence term”).
Consecutive terms of imprisonment
2
Where his offence term and his non-offence term are consecutive—
a
his offence term shall be taken to precede his non-offence term;
b
notwithstanding section 1(1) to (3) of this Act, he shall not be released when he has served the proportion of his offence term mentioned in whichever of those subsections is (or are) relevant to the term in question but when he falls to be released by virtue of the application of section 5 of this Act to his non-offence term; and
c
his non-offence term shall be taken as beginning on the date on which he would have been released under section 1(1) to (3) but for sub-paragraph (b) above.
F1Concurrent terms of imprisonment
2A
Where his offence term and his non-offence term are wholly or partly concurrent, section 1(1) to (3) of this Act (so far as relevant to the term in question and whether or not modified by section 5(2) of this Act or as read with section 220 of the 1995 Act (reduction of term in certain circumstances)) shall apply separately to each term (that is to say, in particular, he may be released as respects one of the terms even if he is not for the time being eligible for release as respects the other term).
Wholly concurrent terms of imprisonment
3
Where his offence term and his non-offence term are wholly concurrent—
a
only the offence term shall be taken into account for the purposes of the provisions of this Part of this Act relating to his release; but
b
he shall not be released under section 1(3) of this Act.
Partly concurrent terms of imprisonment
4
Where his offence term and his non-offence term are partly concurrent—
a
section 1(1) or (2), or as the case may be those provisions as modified by section 5(2), of this Act shall apply in relation to the term which is due to expire later and shall not apply to the term which is due to expire first; and
b
if the term due to expire later is his offence term, section 1(3) of this Act shall apply in relation to it only if the person has served such proportion of his non-offence term as would, but for sub-paragraph (a) above, entitle him to release under section 1(1) or (2), as modified by section 5(2), of this Act.
C1SCHEDULE 2 The Parole Board
Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))
Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)(4), Sch. 5 paras. 11(1)(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)
Membership
1
The Parole Board shall consist of a chairman and not less than four other members appointed by the Secretary of State.
F21A
In making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed in regulations made by them.
F31B
In making regulations under paragraph 1A above, the Scottish Ministers may make different provision for different kinds of members of the Board, including the kinds of members having the respective qualifications for office specified in paragraph 2 below.
2
The Parole Board shall include among its members—
a
a Lord Commissioner of Justiciary;
b
a registered medical practitioner who is a psychiatrist;
c
a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and
d
a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
2AF4 Limitation, termination etc. of appointment of members
An appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for such period, being not shorter than six years nor longer than seven years, as is specified in the instrument of appointment.
F52B
A member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.
F62C
An appointment of a person as a member of the Parole Board shall not extend beyond the day when the person reaches the age of 75.
F72D
The appointment of a member of the Parole Board shall come to an end upon the member’s being removed from office under paragraph 3 below.
F82E
A person may be reappointed to be a member of the Parole Board but only if—
a
three years or more have passed since the person ceased to be a member of the Parole Board; and
b
the person has not previously been reappointed under this paragraph.
F92F
A person whose membership of the Parole Board came to an end by resignation under paragraph 2B above may be reappointed under paragraph 2E above.
F102G
A person whose membership of the Parole Board came to an end on removal from office under paragraph 3 below shall not be reappointed.
F112H
The provisions of paragraphs 1 to 2D above apply to a reappointment under paragraph 2E above as they apply to an appointment.
2JF12 Performance of duties
The Chairman of the Parole Board shall have regard to the desirability of securing that every member of the Parole Board is given the opportunity of participating appropriately in the functions of the Board under this Act on not fewer than 20 days in each successive period of 12 months beginning with the day of the member’s appointment as such.
3F13 Removal of members from office
A member of the Parole Board may be removed from office by and only by order of the tribunal constituted by and under paragraph 3B below (“the tribunal”).
F143A
The tribunal may order the removal from office of a member only if, after investigation carried out at the request of the Scottish Ministers, it finds that the member is unfit for office by reason of inability, neglect of duty or misbehaviour.
F153B
The tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—
a
either a Senator of the College of Justice or a sheriff principal (who shall preside);
b
a person who is, and has been for at least ten years, legally qualified; and
c
one other person who shall not be legally qualified.
F163C
For the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.
F173D
Regulations, made by the Scottish Ministers—
a
may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to the effect and duration of such suspension; and
b
shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.
Remuneration and allowances
4
There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may F18. . . determine.
5
The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging the functions mentioned in section 20(1) of this Act shall be defrayed by the Secretary of State.
Reports
6
The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year, and the Secretary of State shall lay a copy of the report before Parliament.
6AF19 Regulations
Regulations under paragraphs 1A and 3D above shall be made by statutory instrument.
F206B
No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.
F21SCHEDULE 3
Sch. 3 repealed (1.4.1996) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5 and Sch. 3 para. 8
Production of copy documents
1
1
For the purposes of any criminal proceedings a copy of, or of a material part of, a document, purporting to be authenticated in such manner and by such person as may be prescribed, shall unless the court otherwise directs, be—
a
deemed a true copy; and
b
treated for evidential purposes as if it were the document, or the material part, itself,
whether or not the document is still in existence.
2
For the purposes of this paragraph it is immaterial how many removes there are between a copy and the original.
3
In this paragraph, “copy” includes a transcript or reproduction.
Statements in business documents
2
1
Except where it is a statement such as is mentioned in paragraph 3(b) and (c) below, a statement in a document shall be admissible in criminal proceedings as evidence of any fact or opinion of which direct oral evidence would be admissible, if the following conditions are satisfied—
a
the document was created or received in the course of, or for the purposes of, a business or undertaking or in pursuance of the functions of the holder of a paid or unpaid office;
b
the document is, or at any time was, kept by a business or undertaking or by or on behalf of the holder of such an office; and
c
the statement was made on the basis of information supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in it.
2
Sub-paragraph (1) above applies whether the information contained in the statement was supplied directly or indirectly unless, in the case of information supplied indirectly, it appears to the court that any person through whom it was so supplied did not both receive and supply it in the course of a business or undertaking or as or on behalf of the holder of a paid or unpaid office.
3
Where in any proceedings a statement is admitted as evidence by virtue of this paragraph—
a
any evidence which, if—
i
the maker of the statement; or
ii
where the statement was made on the basis of information supplied by another person, such supplier,
had been called as a witness, would have been admissible as relevant to the witness’s credibility shall be so admissible in those proceedings;
b
evidence may be given of any matter which, if the maker or as the case may be the supplier had been called as a witness, could have been put to him in cross-examination as relevant to his credibility but of which evidence could not have been adduced by the cross-examining party; and
c
evidence tending to prove that the maker or as the case may be the supplier, whether before or after making the statement or supplying the information on the basis of which the statement was made, made (in whatever manner) some other representation which is inconsistent with the statement shall be admissible for the purpose of showing that he has contradicted himself.
4
In sub-paragraph (3)(c) above, “representation” does not include a representation in a precognition.
3
A statement in a document shall be admissible in criminal proceedings as evidence of the fact that the statement was made if—
a
the document satisfies the conditions mentioned in sub-paragraph (1)(a) and (b) of paragraph 2 above;
b
the statement is made, whether directly or indirectly, by a person who in those proceedings is an accused; and
c
the statement, being exculpatory only, exculpates the accused.
Documents kept by businesses etc.
4
Unless the court otherwise directs, a document may in any criminal proceedings be taken to be a document kept by a business or undertaking or by or on behalf of the holder of a paid or unpaid office if it is certified as such by a docquet in the prescribed form and purporting to be authenticated, in such manner as may be prescribed—
a
by a person authorised to authenticate such a docquet on behalf of the business or undertaking by which; or
b
by, or by a person authorised to authenticate such a docquet on behalf of, the office-holder by whom,
the document was kept.
Statements not contained in business documents
5
1
In any criminal proceedings, the evidence of an authorised person that a document which satisfies the conditions mentioned in paragraph 2(1)(a) and (b) above does not contain a relevant statement as to a particular matter (or that no document, within a category of documents satisfying those conditions, contains such a statement) shall be admissible evidence whether or not the whole or any part of that document (or of the documents within that category and satisfying those conditions) has been produced in the proceedings.
2
For the purposes of sub-paragraph (1) above, a relevant statement is a statement which is of the kind mentioned in paragraph 2(1)(c) above and which, in the ordinary course of events, the document (or the document had there been one) might reasonably have been expected to contain.
3
The evidence referred to in sub-paragraph (1) above may, unless the court otherwise directs, be given by means of a certificate by the authorised person in the prescribed form and purporting to be authenticated in such manner as may be prescribed.
4
In this paragraph, “authorised person” means a person authorised to give evidence—
a
on behalf of the business or undertaking by which; or
b
as or on behalf of the office-holder by or on behalf of whom,
the document is or was kept.
Additional evidence where evidence from business documents challenged
6
1
This sub-paragraph applies where—
a
evidence has been admitted by virtue of paragraph 2(3) above; or
b
the court has made a direction under paragraph 1(1), 4 or 5(3) above.
2
Where sub-paragraph (1) above applies in solemn criminal proceedings the judge may, without prejudice to sections 149 and 149A of the 1975 Act, on a motion of the prosecutor or defence at any time before the commencement of the speeches to the jury, permit him to lead additional evidence of such description as the judge may specify.
3
Subsections (2) and (3) of section 149 of the 1975 Act shall apply in relation to sub-paragraph (2) above as they apply in relation to subsection (1) of that section.
4
Where sub-paragraph (1) above applies in summary criminal proceedings the judge may, without prejudice to sections 350 and 350A of the 1975 Act, on a motion of the prosecutor or defence F51at any time before the prosecutor proceeds to address the judge on the evidence, permit that party to lead additional evidence of such description as the judge may specify.
5
Subsections (2) and (3) of section 350 of the 1975 Act shall apply in relation to sub-paragraph (4) above as they apply in relation to subsection (1) of that section.
General
7
1
Nothing in this Schedule—
a
shall prejudice the admissibility of a statement made by a person other than in the course of giving oral evidence in court which is admissible otherwise than by virtue of this Schedule;
b
shall affect the operation of the M4Bankers’ Books Evidence Act 1879;
c
shall apply to—
i
proceedings commenced; or
ii
where the proceedings consist of an application to the sheriff by virtue of section 42(2)(c) of the M5Social Work (Scotland) Act 1968, an application made,
before this Schedule comes into force.
2
For the purposes of sub-paragraph (1)(c)(i) above, solemn proceedings are commenced when the indictment is served.
3
In section 6 of the M6Bankers’ Books Evidence Act 1879 (case in which banker not compellable to produce book), after the word “1988” there shall be inserted the words “
or Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993
”
.
8
In this Schedule—
“business” includes trade, profession or other occupation;
“criminal proceedings” includes any hearing by the sheriff under section 42 of the Social Work (Scotland) Act 1968 of an application for a finding as to whether grounds for the referral of a child’s case to a children’s hearing are established, in so far as the application relates to the commission of an offence by the child;
“document” includes, in addition to a document in writing—
- a
any map, plan, graph or drawing;
- b
any photograph;
- c
any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
- d
any film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;
- a
“film” includes a microfilm;
“made” includes allegedly made;
“prescribed” means prescribed by Act of Adjournal;
“statement” includes any representation (however made or expressed) of fact or opinion, including an instruction, order or request, but, except in paragraph 7(1)(a), does not include a statement which falls within one or more of the following descriptions—
- a
a statement in a precognition;
- b
a statement made for the purposes of or in connection with—
- a
i
pending or contemplated criminal proceedings; or
ii
a criminal investigation; or
c
a statement made by an accused person in so far as it incriminates a co-accused; and
“undertaking” includes any public or statutory undertaking, any local authority and any government department.
F22SCHEDULE 4
Sch. 4 repealed (1.4.1996) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5
1
Schedule 1 to the 1980 Act (which makes provision as regards the sufficiency of evidence by certificate in certain routine matters) shall be amended as follows.
2
For the entry relating to the Wireless Telegraphy Act 1949, there shall be substituted the following entries—
The Wireless Telegraphy Act 1949 (c. 54)
A person authorised to do so by the British Broadcasting Corporation.
In relation to an address specified in the certificate, whether on a date so specified any television licence (within the meaning of that Act) was, in records maintained on behalf of the Corporation in relation to such licences, recorded as being in force; and, if so, particulars so specified of such record of that licence.
Section 1 in so far as it relates to the installation or use of a television receiver (within the meaning of that Act); and section 1A in so far as it relates to an intended such use.
The Firearms Act 1968 (c.27)
A person authorised to do so by the Secretary of State.
In relation to a person identified in the certificate, that on a date specified therein—(a) he held, or as the case may be did not hold, a firearm certificate or shotgun certificate (within the meaning of that Act);(b) he possessed, or as the case may be did not possess, an authority (which, as regards a possessed authority, shall be described in the certificate) given under section 5 of that Act by the Secretary of State.
3
After the entry relating to the Immigration Act 1971, there shall be inserted the following entry—
The Control of Pollution Act 1974 (c.40)
Two persons authorised to do so by a river purification authority (within the meaning of that Act).
That they have analysed a sample identified in the certificate (by label or otherwise) and that the sample is of a nature and composition specified in the certificate.
Section 31(1) (permitting poisonous, noxious or polluting matter to enter controlled waters, etc.), 32(1) (permitting trade effluent or sewage effluent to be discharged into such waters, etc.) or 49(1)(a) (causing accumulated deposit to be carried away in suspension in inland waters) or regulations under section 31(4) (prohibition on carrying on without consent certain activities likely to pollute waters in designated areas).
4
For the entry relating to the Supplementary Benefits Act 1976, there shall be substituted the following entry—
The Licensing (Scotland) Act 1976 (c.66)
A person authorised to do so by the Secretary of State.
In relation to a person identified in the certificate, that on a date specified therein he held, or as the case may be did not hold, a licence granted under that Act.
5
After the entry relating to the Customs and Excise Management Act 1979, there shall be inserted the following entry—
The Bail etc. (Scotland) Act 1980 (c.4)
The Clerk of Justiciary or the clerk of court.
In relation to a person identified in the certificate—
(a) that on a date specified therein an order granting bail was made by a court so specified; and
(b) that on a date so specified that order, or a condition thereof so specified, was in force.
6
After the entry relating to the Forgery and Counterfeiting Act 1981, there shall be inserted the following entry—
The Civic Government (Scotland) Act 1982 (c.45)
A person authorised to do so by the Secretary of State.
In relation to a person identified in the certificate, that on a date specified therein he held, or as the case may be did not hold, a licence under a provision so specified of that Act.
7
At the end there shall be added the following entry—
The Social Security Administration Act 1992 (c.5)
A person authorised to do so by the Secretary of State.
In relation to a person identified in the certificate—
(a) the assessment, award, or nature of any benefit applied for by him;
(b) the transmission or handing over of any payment to him.
SCHEDULE 5 Minor and Consequential Amendments
Criminal Procedure (Scotland) Act 1975 (c. 21)
F231
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health (Scotland) Act 1984 (c. 36)
2
1
Section 65 of the Mental Health (Scotland) Act 1984 (appeal to sheriff by patient in respect of whom restriction direction has been given) shall be amended as follows.
2
In subsection (1)(b), for the words “in the event of the patient’s not being released on licence or discharged under supervision under subsection (2)(b)(ii) of this section he” there shall be substituted the words “
the patient
”
.
3
For subsection (2) there shall be substituted the following subsection—
2
If the sheriff notifies the Secretary of State—
a
that the patient would be entitled to be absolutely discharged, the Secretary of State shall by warrant direct that the patient be remitted to any prison or other institution or place in which he might have been detained had he not been removed to hospital and that he shall be dealt with there as if he had not been so removed;
b
that the patient would be entitled to be conditionally discharged, the Secretary of State may—
i
by warrant give such direction as is mentioned in paragraph (a) above; or
ii
decide that the patient should continue to be detained in a hospital,
and (if a direction is given under this subsection) on the person’s arrival in the prison or other institution or place to which remitted by virtue of this subsection, the restriction direction, together with the transfer direction given in respect of the person, shall cease to have effect.
Repatriation of Prisoners Act 1984 (c. 47)
3
1
The Repatriation of Prisoners Act 1984 shall be amended as follows.
2
In section 2 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—
ii
released on licence under section 1(2), (3) or (4), 2(4) or 7(1) or (2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;
3
In section 3 (transfer of prisoners into United Kingdom), after subsection (8) there shall be inserted the following subsection—
9
The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a person who is a transferred life prisoner for the purposes of section 48 of the Criminal Justice Act 1991 or section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to England and Wales or, as the case may be, Scotland) include provision specifying the part of his sentence which is treated by virtue of section 48 or section 10 as the relevant part of his sentence.
4
In the Schedule (operation of certain enactments in relation to prisoners transferred into United Kingdom), in paragraph 2, for sub-paragraph (1) there shall be substituted the following sub-paragraphs—
1
In determining for the purposes of any of the enactments relating to release on licence whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision, the prisoner’s sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect.
1A
In sub-paragraph (1) above “the enactments relating to release on licence” means—
a
sections 33(1)(b) and (2), 34(3) and (5), 35(1) and 37(1) and (2) of the Criminal Justice Act 1991; and
b
sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
5
For paragraph 3 of the Schedule there shall be substituted the following paragraph—
3
Where the relevant provisions include provision equivalent to a sentence in relation to which section 35(2) of the Criminal Justice Act 1991 or, as the case may be, section 1(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (power to release life prisoners who are not discretionary life prisoners) applies, section 35(2) or, as the case may be, section 1(4) shall have effect as if the reference to consulting the trial judge were omitted.
Legal Aid (Scotland) Act 1986 (c. 47)
4
In section 21(1) of the Legal Aid (Scotland) Act 1986 (definition of “criminal legal aid”), after paragraph (a) (but before the word “and” which immediately follows that paragraph) there shall be inserted the following paragraph—
aa
any case the referral of which is required, under section 2(6) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, by a discretionary life prisoner;
Road Traffic Offenders Act 1988 (c. 53)
I15
In section 12(4) of the Road Traffic Offenders Act 1988, as proposed to be inserted by paragraph 85 of Schedule 4 to the M1Road Traffic Act 1991 (proof of identity of driver in summary proceedings for certain road traffic offences), for the words “Road Traffic Act 1988” in the first place where they occur there shall be substituted the words “
this Act
”
.
Prisons (Scotland) Act 1989 (c. 45)
I26
1
The Prisons (Scotland) Act 1989 shall be amended as follows.
2
In section 12 (photographing and measuring of prisoners)—
a
for the words “The Secretary of State may make regulations as to” there shall be substituted the words “
Rules under section 39 of this Act may provide for
”
; and
b
the words “such regulations” shall cease to have effect.
3
In section 14(1) (legalised police cells), after the word “under” there shall be inserted the words “
section 39 of
”
.
4
In section 19 (provisions of 1989 Act applying to remand centres and young offenders institutions)—
a
in subsection (3), for the words “the rules” there shall be substituted the words “
rules under section 39 of this Act
”
; and
b
in subsection (4), in sub-paragraph (iii) of the proviso—
i
for the words “paragraphs (i) and (ii)” there shall be substituted the words “
paragraph (i)
”
; and
ii
for the words “of the Secretary of State” there shall be substituted the words “
under section 39 of this Act
”
.
5
In section 21 (transfer to prison of persons over 21 etc.)—
a
in subsection (1), after the word “section” there shall be inserted the words “
but without prejudice to section 20A(2) of this Act
”
; and
b
in subsection (3), after the words “1975 Act” there shall be inserted the words “
the Prisoners and Criminal Proceedings (Scotland) Act 1993
”
.
6
In section 39(1) (rules for the management of prisons and other institutions)—
a
the word “and”, where it occurs for the third time, shall cease to have effect; and
b
at the end there shall be added the words “
and for any other matter as respects which it is provided in this Act that rules may be made under this section
”
.
7
In section 40(2) (no account to be taken, in calculating period of liability to detention, of period when unlawfully at large)—
a
after the word “institution”, where it first occurs, there shall be inserted the words “
or committed to a prison or remand centre
”
;
b
after the word “sentence” there shall be inserted the words “
or committal
”
;
c
for the words “or young offenders institution” there shall be substituted the words “
, young offenders institution or remand centre
”
; and
d
after the words “so detained,” there shall be inserted the words “
or the date on or by which a term or period of imprisonment or detention elapses or has been served,
”
.
8
In section 42(2) (procedure in relation to statutory instruments containing regulations or rules), for the words from “regulations” to the end there shall be substituted the words “
an order made under section 37(1) or rules made under section 39 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament
”
.
9
In section 43 (interpretation)—
a
in subsection (1), the definition of “sentence of imprisonment” shall cease to have effect; and
b
in subsection (2), the words “(other than in section 25)” shall cease to have effect.
C2SCHEDULE 6 Transitional Provisions and Savings
Sch. 6 amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 70(1); S.I. 1998/2327, art. 2(1)(y)(2)(u)
Sch. 6 modified (retrospectively) by 1984 c. 47, s. 3(7), Sch. para. 2(4) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 6(1)(2); S.I. 1997/2200, art. 2(1)(h))
Sch. 6 modified (retrospectively)) by 1984 c. 47, s. 3(7), Sch. para. 2(4) (as substituted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 7(1)(2); S.I. 1997/2200, art. 2(1)(h))
Sch. 6: certain functions made exercisable in or as regards Scotland (30.6.1999) by S.I. 1999/1748, art. 4(2), Sch. 3 Pt. I paras. 5-8, Pt. III para. 10(3)
Ss. 1-3, 5, 6(1)(a)(b)(i)(iii), 9, 11-13, 15-21, 27, Schs. 2, 6 extended (1.10.1997) by 1997 c. 43, 56(1), Sch. 1 paras. 10(2)(5), 11(2)-(4), Sch. 5 paras. 11(1)-(3), 12(1); S.I. 1997/2200, art. 2(1)(n) (subject to art. 5 of the said S.I.) (which amendment fell (30.9.1998) by reason of the repeal of Sch. 5 paras. 11(1), 12(1) by 1998 c. 37, s. 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(aa)(3)(x) (subject to arts. 5-8 of the said S.I.)
Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))
1
In this Schedule—
“existing provisions” means such provisions as relate to the detention or release of persons and are amended or repealed by this Act, as they had effect immediately before such amendment or repeal F24except that an amendment or repeal effected by any amendment shall apply for the purposes of the existing provisions if expressly stated to do so;
“new provisions” means sections 1 to 21 and 27 of this Act (together with the provisions of the F251995 Act and of the M3Mental Health (Scotland) Act 1984 which so relate and are so amended F26by this ActF27and the Repatriation of Prisoners Act 1984 as it has effect by virtue of paragraphs 6 and 7 of Schedule 2 to the Crime (Sentences) Act 1997F28and section 33 of the Criminal Justice (Scotland) Act 2003 (asp 7));
“existing child detainee” means any child (“child” having the meaning assigned to that expression by F29section 93(2)(b) of the Children (Scotland) Act 1995) who, at the relevant date, is detained under section 206 of the F251995 Act other than without limit of time or is detained in residential care by virtue of section 413 of the F251995 Act;
“existing licensee” means any person who, before the relevant date, has been released on licence under the 1989 Act;
“existing life prisoner” means any person F30(other than a transferred life prisoner) who, at the relevant date, is serving—
- a
a sentence of imprisonment for life;
- b
a sentence of detention without limit of time or for life under section 205 of the F251995 Act;
- c
a sentence of detention without limit of time under section 206 of that Act; or
- d
a period of detention without limit of time or for life under section 207(2) of that Act;
- a
“existing prisoner” means any person who, at the relevant date, is serving—
- a
a sentence of imprisonment; or
- b
a sentence of detention in a young offenders institution; and
- a
“relevant date” means the date of commencement of the new provisions.
2
1
Subject to sub-paragraph (2) and F31to section 10(4) of this Act, the new provisions shall apply only to persons who are sentenced (or on whom detention is imposed) on or after the relevant date; and notwithstanding any repeal or amendment effected by or by virtue of this Act, but subject to that sub-paragraph F32, to the following provisions of this Schedule and to the exception in the definition of “existing provisions” in paragraph 1 above,, the existing provisions shall continue to apply to persons sentenced (or on whom detention has been imposed) before that date.
2
Section 3 of this Act F33, and sections 12 and 17 of this Act in so far as relating to a licence granted, or person released, by virtue of this sub-paragraph,shall apply irrespective of the date on which a person is sentenced (or on which detention is imposed on him).
3
An existing prisoner whose sentence is for a term of less than two years and who, by the relevant date, has served—
a
one-half or more of that sentence, shall be released unconditionally by the Secretary of State on that date;
b
less than one-half of that sentence, shall be so released as soon as he has served one-half of that sentence.
4
1
An existing child detainee whose sentence under section 206 of the F341995 Act is for a period—
a
of less than four years and who, by the relevant date, has served—
i
one-half or more of that sentence, shall be released on licence by the Secretary of State on that date;
ii
less than one-half of that sentence, shall be so released as soon as he has served one-half of that sentence;
b
of four years or more and who, by the relevant date, has served—
i
two-thirds or more of that sentence, shall be released on licence by the Secretary of State on that date;
ii
less than two-thirds of that sentence, shall be so released as soon as he has served two-thirds of that sentence.
2
An existing child detainee detained under section 206 of the F341995 Act may, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.
5
1
An existing child detainee who, by the relevant date, has completed—
a
one-half or more of a period of detention in residential care for which he has been committed, shall be released from such care on that date;
b
less than one-half of that period, shall be so released as soon as he has completed one-half of that period,
but until the entire such period has elapsed may be required by the appropriate local authority to submit to supervision in accordance with such conditions as they consider appropriate.
2
Where a child released under sub-paragraph (1) above is subject to a supervision requirement within the meaning of the M2Social Work (Scotland) Act 1968, the effect of that requirement shall commence, or as the case may be resume, upon such release.
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 F35section 2(9) shall apply as if—
a
the existing life prisoner were a F36. . . life prisoner within the meaning of section 2 of this Act; and
b
the F37punishmentpart 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 F36. . .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 F37punishment part of each of those sentences.
F386A
1
This paragraph applies where a prisoner sentenced before the relevant date to a sentence of imprisonment for life for an offence the sentence for which is not fixed by law has been (whether before, on or after that date) released on licence under the 1989 Act.
2
Without prejudice to section 22(6) of the 1989 Act, in a case to which this paragraph applies, the new provisions shall apply as if the prisoner were a F39. . . life prisoner, within the meaning of section 2 of this Act, whose licence has been granted under subsection (4) of that section of this Act on his having served the F40punishment part of his sentence.
F416B
1
This paragraph applies where—
a
b
on or after F44the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment, on conviction of an offence, to be served consecutively to, or concurrently with, the sentence or sentences mentioned in head (a) above F45; and.
c
he has not at any time prior to the passing of the sentence or sentences mentioned in head (b) above been released from the sentence or sentences mentioned in head (a) above under the existing provisions.
2
In a case to which this paragraph applies—
a
the sentence or sentences mentioned in head (b) of sub-paragraph (1) above shall be treated as a single term with the sentences mentioned in head (a) of that sub-paragraph and that single term as imposed on or after the relevant date (so however that nothing in the foregoing provisions of this head shall affect the application of sections 39(7) (which makes provision as respects the award of additional days for breaches of discipline) and 24 (which makes provision as respects remission for good conduct) of the 1989 Act); and
b
the new provisions shall apply accordingly, except that—
i
where the prisoner is a long-term prisoner by virtue only of the aggregation provided for in head (a) of this sub-paragraph, he shall be released unconditionally on the same day as he would have been but for that aggregation;
ii
where, notwithstanding the aggregation so provided for, the prisoner remains a short-term prisoner, subsection (1) of section 1 of this Act shall in its application be construed as subject to the qualification that the prisoner shall be released no earlier than he would have been but for that aggregation;
iii
that section shall in its application be construed as if for subsection (3) there were substituted—
“
Without prejudice to subsection (1) above and to sub-paragraph (2)(b)(i) of paragraph 6B of Schedule 6 to this Act, after a prisoner to whom that paragraph applies has either served one-third of the sentence, or as the case may be sentences, mentioned in sub-paragraph (1)(a) of that paragraph, or (if it results in a later date of release) has served twelve months of that sentence or those sentences, the Secretary of State may, if recommended to do so by the Parole Board under this section, release him on licence; and where such a prisoner has been released on licence under section 22 of the 1989 Act, that licence shall be deemed to have been granted by virtue of this subsection.”;
iv
section 11(1) shall in its application be construed as if the sentence referred to were the further term or terms mentioned in head (b) of sub-paragraph (1) above; and
v
section 16 shall in its application be construed as if the original sentence (within the meaning of that section) were the further term or terms so mentioned.
F466C
1
This paragraph applies where—
a
an existing prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date;
b
on or after the date on which section 111 of the Crime and Disorder Act 1998 comes into force he is, or has been, sentenced to a further term or terms of imprisonment on conviction of an offence, to be served wholly or partly concurrently with the sentence or sentences mentioned in head (a); and
c
the sentences do not fall to be treated as a single term by virtue of paragraph 6B(2)(a) above.
2
In a case to which this paragraph applies the Secretary of State shall not release, or be required to consider the release of, the prisoner unless and until the requirements for release, or for consideration of his release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.
3
In a case to which this paragraph applies the Parole Board shall not be required to consider the release of the prisoner unless and until the requirements for release, or for consideration for release, of the new and the existing provisions are satisfied in relation to each sentence to which they respectively apply.
4
In a case to which this paragraph applies, where the prisoner is released on licence, he shall be on a single licence which—
a
shall (unless revoked) remain in force until the later of—
i
the date on which he would have been discharged from prison on remission of part of his sentence or sentences under the existing provisions if, after his release, he had not forfeited remission of any part of that sentence under those provisions; or
ii
the date on which he would (but for his release) have served in full all the sentences in respect of which he was released on licence and which were imposed after the relevant date; and
b
shall be deemed to be granted under the new provisions and, subject to sub-paragraph (5) below, those provisions so far as relating to conditions of licences, and recall or return to prison, shall apply as they apply in respect of a prisoner on licence in respect of a sentence passed after the relevant date.
5
In the application of section 16 to a person whose licence is deemed to be granted under the new provisions by virtue of sub-paragraph (4)(b) above, the reference to the original sentence (within the meaning of that section) shall be construed as a reference to the further term or terms mentioned in head (b) of sub-paragraph (1) above.
F476D
Where a prisoner released on licence is treated by virtue of the provisions of this or any other enactment as a prisoner whose licence was granted under section 2(4) of this Act, the validity of his licence shall not be affected by the absence in the licence of such a condition as is specified in section 12(2) of this Act.
F487
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
Unless revoked F49by virtue of paragraph 10 of this Schedule, a licence under—
a
paragraph 4(1)(a)(i) or (b)(i) above shall remain in force until at least twelve months have elapsed after the date of release and until the entire period of sentence has elapsed;
b
paragraph 4(1)(a)(ii) or (b)(ii) above shall remain in force until a date determined by the Parole Board, being a date not later than the date by which the entire period of sentence has elapsed.
9
Section 12 of this Act shall apply in respect of a licence granted under this Schedule.
F5010
Section 17 of this Act shall apply in respect of a release on licence under paragraph 4 of this Schedule as that section applies in respect of the release on licence, under Part I of this Act, of a long-term prisoner.
SCHEDULE 7 Repeals and Revocations
I3Part I Repeals
Sch. 7 Pt. I not in force at Royal Assent see. s. 48(2). Sch. 7 Pt. I in force for certain purposes at 18.9.1993 and Pt. 1 wholly in force at 1.10.1993 by S.I. 1993/2050, art. 3(3)(4), Sch. 2 (subject to savings in art. 4, 9)
Chapter | Short title | Extent of repeal |
|---|---|---|
1 Edw.8 & 1 Geo.6 c. 37. | The Children and Young Persons (Scotland) Act 1937. | In section 57(3), the words “or section 25 of the Prisons (Scotland) Act 1989”. |
3 & 4 Eliz.2 c. 18. | The Army Act 1955. | Section 71AA(6B).In Schedule 5A, paragraph 10(6B). |
3 & 4 Eliz.2 c. 19. | The Air Force Act 1955. | Section 71AA(6B).In Schedule 5A, paragraph 10(6B). |
5 & 6 Eliz.2 c. 53. | The Naval Discipline Act 1957. | Section 43AA(6B).In Schedule 4A, paragraph 10(6B). |
1963 c. 39. | The Criminal Justice (Scotland) Act 1963. | In paragraph 13 of Schedule 1, the words “(and, if that person is released from such a prison under the said section 214(7) or 423(7), section 30(3) of the Prisons (Scotland) Act 1989)”. |
1965 c. 20. | The Criminal Evidence Act 1965. | The whole Act. |
1969 c. 48. | The Post Office Act 1969. | Section 93(4). |
1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In section 108(2), the word “and” at the end of paragraph (b). |
Section 207(11). | ||
Section 212. | ||
Section 214. | ||
In section 270(2), the words “of two weeks or any extension thereof authorised by the High Court”. | ||
Section 289D(1A)(e). | ||
Section 328. | ||
In section 413(1) the words “for such period, not exceeding one year, as the sheriff may determine”. | ||
Section 415(11). | ||
Section 421. | ||
Section 423. | ||
1980 c. 55. | The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980. | In Part I of Schedule 1, in Group B, paragraph (v). |
1980 c. 62. | The Criminal Justice (Scotland) Act 1980. | In section 2, in subsection (5), paragraph (c) and the proviso to that paragraph; and in subsection (6) the words “or (c)”. |
In Schedule 3, paragraph 12. | ||
1981 c. 49. | The Contempt of Court Act 1981. | Section 15(6). |
1984 c. 36. | The Mental Health (Scotland) Act 1984. | In section 71, subsection (2)(b); and in subsection (7)(a), the words “in criminal proceedings”. |
Section 73(3). | ||
1987 c. 41. | The Criminal Justice (Scotland) Act 1987. | Section 62(1). |
In Schedule 1, paragraph 19. | ||
1989 c. 45. | The Prisons (Scotland) Act 1989. | In section 12, the words “such regulations”. |
Section 16(1). | ||
Section 18. | ||
In section 19(4), in paragraph (b), the word “24,”; and in the proviso, sub-paragraph (ii). | ||
In section 21(3), the proviso. | ||
Sections 22 to 32. | ||
In section 39, in subsection (1) the word “and” where it occurs for the third time; and subsection (4). | ||
In section 42, in subsection (1) the words “22(2), 30(6) or (7), 32(5) or”; and subsections (3) and (4). | ||
In section 43, in subsection (1), the definitions of “local review committee”, “Parole Board” and “sentence of imprisonment”; in subsection (2), the words “(other than in section 25)”; and in subsection (5), the words “(other than in section 30)”. | ||
Schedule 1. | ||
In Schedule 2, paragraphs 1, 3 to 5, 8, 13 to 15, 17 and 18. | ||
1991 c. 53. | The Criminal Justice Act 1991. | In Schedule 11, in paragraph 35, sub-paragraphs (2), (3)(a) and (4). |
Part II Revocations
Year and number | T itle | Extent of revocation |
|---|---|---|
S.I. 1952/565. | The Prison (Scotland) Rules 1952. | Rule 9. |
S.I. 1976/1889. | The Prison (Scotland) Amendment Rules 1976. | The whole rules. |
Sch. 1 paras. 2, 2A and cross-heading to para. 2A substituted for Sch. 1 para. 2 (2.4.2006) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 32(3)(a), 89(2); S.S.I. 2006/85, art. 1(2)