S. 129 wholly in force; s. 129 not in force at Royal Assent, see s. 172(2); s. 129 in force at 3.2.1995 by S.I. 1995/127, art. 2(1), Sch. 1 (with transitional provisions in Sch. 2)
S. 130(4) repealed (30.9.1998) by 1998 c. 37, s. 120(2), Sch. 10 (with Sch. 9); S.I. 1998/2327, art. 2(3)
S. 132 repealed (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 para. 1)
S. 134 wholly in force at 1.6.1995; s. 134 not in force at Royal Assent see s. 172; s. 134 in force at 3.2.1995 for specified purposes only and 1.6.1995 otherwise by S.I. 1995/127, art. 2(1)(2)(3), Sch. 1 (with savings in Sch. 2 para. 4)
S. 134(4) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 86, 89, Sch. 5; S.S.I. 2003/288, art. 2, Sch.
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In subsection (1) of section 48 of the
after the word “premises” there shall be inserted the words
for the word “there” there shall be substituted the words
In subsection (5) of that section—
after paragraph (a) there shall be inserted the following paragraph—
any other place to which the person is, during the detention, thereafter taken;
in paragraph (f), for the words “departure from the customs office or other premises” there shall be substituted the words
In section 49(1) of that Act (intimation to solicitor and other person of detention under section 48)—
for the words “at a customs office or other premises” there shall be substituted the words
for the words “place where he is being detained” there shall be substituted the words
In section 7 of the
The Secretary of State may by order provide— that the reference to— four years, in paragraph (a) of subsection (1) above; or four or more years, in paragraph (b) of that subsection, shall be construed as a reference to such other period as may be specified in the order; that the reference to— half, in the said paragraph (a); or two thirds, in the said paragraph (b), shall be construed as a reference to such other proportion of the period specified in the sentence as may be specified in the order. An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.
In section 45(3) of that Act (procedure in respect of certain orders), for the words “7(6)” there shall be substituted
In Schedule 6 to that Act (transitional provisions and savings)—
in paragraph 8, after the word “revoked” there shall be inserted
after paragraph 9 there shall be added—
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.
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In section 12(3)(a) of the
In section 10(4) of the
in paragraph (a), after the word “Scotland” there shall be inserted the words
in paragraph (b)—
for the word “(whether” there shall be substituted—
after sub-paragraph (ii) there shall be inserted—
; or
rules made under section 122(1)(a) of the rules made under section 122(1)(a) of the a determination made under section 81(3) of the
at the end there shall be added—
In Schedule 6 to the
in paragraph 1—
in the definition of “existing provisions”, at the end there shall be added
in the definition of “new provisions”, after the word “amended” there shall be added
in paragraph 2(1), for the words from “and to” to “Schedule” there shall be substituted—
Sections 18 (constitution and functions of Parole Board etc.), 22 (release on licence of persons serving determinate sentences), 28 (revocation of licences and conviction of prisoners on licence) and 42(3)
(exercise of power to make rules etc.) of the
In the said section 18, for subsections (3) and (4) there shall be substituted—
The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision— authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed; requiring cases to be dealt with at prescribed times; and as to what matters may be taken into account by the Board (or by such number) in dealing with a case. The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to— the need to protect the public from serious harm from offenders; and the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation.
In the said section 22, at the beginning of subsection (7) there shall be inserted the words
In the said section 42—
in each of subsections (1) and (4), for the words “22(2)” there shall be substituted
in subsection (3), for the word “(3)” there shall be substituted
In Schedule 6 to the
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. 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 discretionary 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 relevant part of his sentence. This paragraph applies where— a prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date and that sentence was for a term of, or as the case may be those sentences fall to be treated as for a single term of, two or more years; and on or after that date 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. In a case to which this paragraph applies— 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 the new provisions shall apply accordingly, except that— 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; 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; 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.”; 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 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.