Criminal Procedure (Scotland) Act 1995

[F1 210F [F2 Order for lifelong restriction or compulsion order] S

(1) The High Court, at its own instance or on the motion of the prosecutor, if it is satisfied, having regard to—

(a) [F3 any] risk assessment report submitted under section 210C(4) or (5) of this Act;

(b) any report submitted by virtue of section 210D of this Act;

(c) any evidence given under section 210C(7) of this Act; and

(d) any other information before it,

that, on a balance of probabilities, the risk criteria are met, shall [F4 , in a case where it may make a compulsion order in respect of the convicted person under section 57A of this Act, either make such an order or make an order for lifelong restriction in respect of that person and in any other case make an order for lifelong restriction in respect of that person.]

(2) An order for lifelong restriction constitutes a sentence of imprisonment, or as the case may be detention, for an indeterminate period.

(3) The prosecutor may, on the grounds that on a balance of probabilities the risk criteria are met, appeal against any refusal of the court to make an order for lifelong restriction.]

Textual Amendments

F1 Ss. 210B-210H and cross-headings inserted (19.6.2006 for specified purposes) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1, 89 (as amended with regards to ss. 210B, 210D and 210G (27.9.2005) by S.S.I. 2005/465, art. 2, Sch. 1 para. 34(2)); S.S.I. 2006/332, art. 2

F2 S. 210F title substituted (20.6.2006 for specified purposes) by virtue of Management of Offenders etc. (Scotland) Act 2005 (asp 14) {ss. 14(3)}, 24; S.S.I. 2006/331, art. 3(1) (subject to art. 3(2))

F3 Word in s. 210F(1)(a) substituted (20.6.2006 for specified purposes) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 14(2)(a), 24; S.S.I. 2006/331, art. 3(1) (subject to art. 3(2))

F4 Words in s. 210F(1) substituted (20.6.2006 for specified purposes) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 14(2)(b), 24; S.S.I. 2006/331, art. 3(1) (subject to art. 3(2)) [Editorial Note: the word "shall" immediately preceding the substituted text is treated as not having been removed despite the wording of the amending section, by virtue of the decision of the Appeal Court, High Court of Justiciary, in the case of Brian Johnstone v HM Advocate 5 July 2011 [2011] HCJAC 66]