Prisoners and Criminal Proceedings (Scotland) Act 1993

Prospective

2 Duty to release discretionary life prisoners. S

[F1 (1) In this Part of this Act “designated life prisoner”, subject to subsection (9)(a) below and except where the context otherwise requires, means a person—

(a) sentenced to life imprisonment for an offence for which, subject to paragraph (b) below, such a sentence is not the sentence fixed by law;

(b) whose sentence was imposed under section 205A(2) of the 1995 Act (imprisonment for life on further conviction for certain offences); or

(c) whose sentence was imposed in respect of a murder committed by him before he attained the age of 18 years,

and in respect of whom the court which sentenced him for that offence made the order mentioned in subsection (2) below.]

(2) The order referred to in [F2 subsection (1)] above is an order that subsections (4) and (6) below shall apply to the [F3 designated]life prisoner as soon as he has served such part of his sentence (“the [F4 designated] part”) as is specified in the order, being such part as the court considers appropriate taking into account—

(a) the seriousness of the offence, or of the offence combined with other offences associated with it; F5 . . .

(b) any previous conviction of the [F3 designated]life prisoner [F6 ; and.

(c) where appropriate, the matters mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.]

(3) Where a court which imposes life imprisonment for an offence such as is mentioned in [F7 subsection (1)] above decides not to make such order as is mentioned in subsection (2) above, it shall state its reasons for so deciding; and for the purposes of any appeal or review, any such order and any such decision shall each constitute part of a person’s sentence within the meaning of the [F8 1995 Act].

(4) Where this subsection applies, the Secretary of State shall, if directed to do so by the Parole Board, release a [F9 designated] life prisoner on licence.

(5) The Parole Board shall not give a direction under subsection (4) above unless—

(a) the Secretary of State has referred the prisoner’s case to the Board; and

(b) the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.

(6) Where this subsection applies, a [F9 designated] l ife prisoner may, subject to subsection (7) below, at any time require the Secretary of State to refer his case to the Parole Board.

(7) No requirement shall be made under subsection (6) above—

[F10 (a) where the prisoner is serving—

(i) a sentence of imprisonment for life; and

(ii) a sentence of imprisonment for a term of more than three months,

before he has served five-sixths of the sentence mentioned in sub-paragraph (ii) above;]

(b) where less than two years has elapsed since the disposal of any (or the most recent if more than one) previous reference of his case to the Board under subsection (5)(a) or (6) above or under section 17(3) of this Act.

(8) In determining for the purposes of subsection (4) or (6) above whether a [F9 designated] life prisoner has served the [F4 designated] part of his sentence, no account shall be taken of any time during which he was unlawfully at large.

(9) Where a life prisoner is serving two or more sentences of imprisonment for life—

(a) he is a [F9 designated] life prisoner only if the requirements of subsection (1) above are satisfied in respect of each of those sentences;

(b) notwithstanding the terms of any order under subsection (2) above, subsections (4) and (6) above shall not apply to him until he has served the [F4 designated] part of each of those sentences; and

(c) he shall, if released on licence under subsection (4) above, be so released on a single licence.

Textual Amendments

F1 S. 2(1) substituted (20.10.1997 for certain purposes otherwiseprosp.) by 1997 c. 48, ss. 16(1)(a), 65(2) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F2 Words in s. 2(2) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(3)(a)(i) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F3 Words in s. 2(2)(b) inserted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(3)(a)(ii) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F4 Word in s. 2(2)(8)(9)(b) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(3)(c) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F5 Word in s. 2(2)(a) repealed (20.10.1997) by 1997 c. 48, ss. 16(1)(b)(i), 62(2), Sch. 3 (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F6 S. 2(2)(c) and the preceding word “; and”inserted (20.10.1997) by 1997 c. 48, s. 16(1)(b)(ii) (with s. 33); S.I. 1997/2323, art.3, Sch. 1

F7 Word in s. 2(3) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(3)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F8 Words in s. 2(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)

F9 Word in s. 2(4)(6)(8)(9)(a) substituted (20.10.1997) by 1997 c. 48, s. 62(1), Sch. 1 para. 14(3)(d) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

F10 S. 2(7)(a) substituted (prosp.) by 1997 c. 48, ss. 62(1), 65(3), Sch. 1 para. 14(3)(e) (with s. 33) (which substitution fell (30.9.1998) by reason of the repeal of Sch. 1 para. 14(3)(e) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 141(1)(b), Sch. 10; S.I. 1998/2327, art. 2(1)(y)(aa)(2)(pp)(3)(y))

Modifications etc. (not altering text)

C1 S. 2(4) extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 paras. 10(5)(a)(6)(7), 11(4)(a)(6); S.I. 1997/2200, art. 2(1)(g) (with transitional provisions in art. 5)

S. 2 applied (with modifications) (1.10.1997) by S.I. 1997/1776, arts. 1, 2, Sch. 1 paras. 5, 6, 7 (with transitional provisions in art. 5); S.I. 1997/2200, art. 2(1)(g)

S. 2 restricted (20.10.1997) by 1997 c. 48, s. 16(4)(a) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

C2 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(4), 2, 2(4), 3, 11-13, 15, 17, 18, 19 extended (1.10.1997) 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); S.I. 1997/2200, art. 2(1)(g) (subject to art. 5) (which amending provisions were amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(a)(i)(d)(6)(a)(i)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

C3 S. 2(2)(7) modified (prosp.) by 1984 c. 47, s. 3(7), Sch. para. 2 (as substituted (prosp.) by 1997 c. 43, ss. 42, 57(2), Sch. 2 para. 8(2)) (which amending provision was repealed (30.9.1998) by 1998 c. 37, ss. 119, 120(2), Sch. 8 para. 136, Sch. 10; S.I. 1998/2327, art. 2(2)(pp)(3)(x))

S. 2(2)(7) modified (retrospectively) by 1984 c. 47, Sch. para. 2(5) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 paras. 6, 7; S.I. 1997/2200, art. 2(1)(h) (subject to art. 5))

C4 S. 2(4)(6) excluded (20.10.1997) by 1997 c. 48, s. 16(4)(b) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1