SCHEDULE 1Order for lifelong restriction: modification of enactments

I11

1

The 1993 Act is amended in accordance with this paragraph.

2

In section 2 (duty to release discretionary life prisoners)—

a

in subsection (1), after paragraph (aa) there is inserted

or

ab

who is subject to an order for lifelong restriction in respect of an offence,

b

in subsection (2)(aa)—

i

after the words “paragraph (a)” there is inserted “ or (ab) ”; and

ii

in sub-paragraph (i), after the word “life” there is inserted “ , or as the case may be not made the order for lifelong restriction, ”;

c

in subsection (3), after the words “subsection (1) above” there is inserted “ or makes an order for lifelong restriction ”;

d

after subsection (9) there is added—

10

In subsection (9) above, the reference to “sentences of imprisonment for life” is to be construed as including a reference to any sentence constituted by an order for lifelong restriction.

3

In section 27(1) (interpretation)—

a

in the definition of “life prisoner”, at the end there is added “ or in respect of whom there has been made an order for lifelong restriction ”; and

b

the following definitions are inserted at the appropriate places—

  • “order for lifelong restriction”means an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46);

“risk management plan”shall be construed in accordance with section 6(1) of the Criminal Justice (Scotland) Act 2003 (asp 7);