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Prisoners and Criminal Proceedings (Scotland) Act 1993, Section 3A is up to date with all changes known to be in force on or before 15 August 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)[F2Subject to subsection (1A) below,] this section applies to a prisoner serving an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) [F3and in respect of whom a licence has been revoked under section 17(1) to (1B)] of this Act.
[F4(1A)This section does not apply to such a prisoner if he has, in addition to the sentence in relation to which his recall to prison applies, been sentenced to imprisonment for life and has not been released from that sentence.]
(2)Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board—
(a)where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the [F5Board’s disposal of his case];
(b)in any other case, at any time.
[F6(2A)Where—
(a)a prisoner’s case has been referred to the Parole Board under this section or section 17(3) of this Act; and
(b)the prisoner receives another sentence of imprisonment before the Board has considered his case,
the Board shall not consider his case unless there is a further referral of his case to the Board under this section.
(2B)A case which, by virtue of subsection (2A) above, is not considered by the Parole Board shall not, for the purposes of subsection (2)(a) above, be treated as having been disposed of.]
(3)Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single [F7term] with the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he [F8would be eligible to be released, or considered for release, from] that other sentence.
(4)Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall, if it is satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined (but not otherwise), direct that he should be released.
(5)If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence.]
Textual Amendments
F1S. 3A inserted (30.9.1998) by 1998 c. 37, s. 88; S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)
F2Words in s. 3A(1) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(a)(i), 89(2); S.S.I. 2003/288, art. 2, Sch.
F3Words in s. 3A(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(a)(ii), 89(2); S.S.I. 2003/288, art. 2, Sch.
F4S. 3A(1A) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(b), 89(2); S.S.I. 2003/288, art. 2, Sch.
F5Words in s. 3A(2)(a) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(c), 89(2); S.S.I. 2003/288, art. 2, Sch.
F6S. 3A(2A)(2B) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(d), 89(2); S.S.I. 2003/288, art. 2, Sch.
F7Word in s. 3A(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(e)(i), 89(2); S.S.I. 2003/288, art. 2, Sch.
F8Words in s. 3A(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 31(e)(ii), 89(2); S.S.I. 2003/288, art. 2, Sch.
Modifications etc. (not altering text)
C1Ss. 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))
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