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Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 2A is up to date with all changes known to be in force on or before 17 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)For the purpose of section 2(2)(d), the matters are—
(a)any period of imprisonment which the court considers would have been appropriate for the offence had the court not sentenced the prisoner to imprisonment for life, or (as the case may be) not made the order for lifelong restriction, for it,
(b)the part of that period of imprisonment which would represent an appropriate period to satisfy the requirements of retribution and deterrence, and
(c)where appropriate, the ones mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.
(2)But—
(a)in the application of subsection (1)(a), the court is to ignore any period of confinement which may be necessary for the protection of the public,
(b)subsection (1)(b) is subject to section 2B,
(c)subsection (1)(c) is inapplicable until the court has made the assessment required by virtue of subsection (1)(a) and (b).]
Textual Amendments
F1Ss. 2A, 2B inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(3), 5(2); S.S.I. 2012/249, art. 3 (with arts. 2(2), 4)
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