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Prisoners and Criminal Proceedings (Scotland) Act 1993

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part I Detention, Transfer and Release of Offenders

    1. Early release

      1. 1.Release of short-term, long-term and life prisoners

      2. 2.Duty to release discretionary life prisoners

      3. 3.Power to release prisoners on compassionate grounds

      4. 4.Persons detained under Mental Health (Scotland) Act 1984

      5. 5.Fine defaulters and persons in contempt of court

      6. 6.Application to young offenders and to children detained without limit of time

      7. 7.Children detained in solemn proceedings

      8. 8.Children detained in summary proceedings

      9. 9.Persons liable to removal from the United Kingdom

      10. 10.Life prisoners transferred to Scotland

      11. 11.Duration of licence

      12. 12.Conditions in licence

      13. 13.Supervision of persons released on licence

      14. 14.Supervised release of short-term prisoners

      15. 15.Variation of supervised release order etc

      16. 16.Commission of offence by released prisoner

      17. 17.Revocation of licence

      18. 18.Breach of supervised release order

      19. 19.Appeals in respect of decisions relating to supervised release orders

      20. 20.The Parole Board for Scotland

      21. 21.Parole advisers

    2. Miscellaneous

      1. 22.Place of confinement of prisoners

      2. 23.Transfer of young offenders to prison or remand centre

      3. 24.Additional days for disciplinary offences

      4. 25.Provision in prison rules for directions

      5. 26.Further amendment of Mental Health (Scotland) Act 1984

    3. Interpretation

      1. 27.Interpretation of Part I

  3. Part II Criminal Proceedings

    1. Evidence

      1. 28.Prints, samples etc. in criminal investigations

      2. 29.Evidence from documents

      3. 30.Admissibility of audio and video records

      4. 31.Transcript of customs interview sufficient evidence

      5. 32.Evidence from abroad through television links in solemn proceedings

      6. 33.Evidence of children on commission

      7. 34.Concealment by screen of accused from child giving evidence

      8. 35.Circumstances in which application under section 33 or 34 may be granted or on transfer be deemed granted, etc

      9. 36.Evidence as to taking or destruction of eggs

      10. 37.Evidence by certificate

    2. Procedure

      1. 38.Adjournment for inquiry etc. in summary proceedings at first calling

      2. 39.New circumstances on notice of which preliminary diet may be ordered

      3. 40.Taking of other proceedings while jury out

      4. 41.Date of commencement of sentence

      5. 42.Appeal by Lord Advocate against sentence in solemn proceedings etc

      6. 43.Prosecutor’s consent to or application for setting aside of conviction

  4. Part III General

    1. 44.Expenses

    2. 45.Rules and orders

    3. 46.Interpretation

    4. 47.Minor and consequential amendments, transitional provisions, savings and repeals

    5. 48.Short title, commencement and extent

  5. SCHEDULES

    1. SCHEDULE 1

      Consecutive and Concurrent Terms of Imprisonment

      1. General

        1. 1.This Schedule applies as respects the release of a person...

      2. Consecutive terms of imprisonment

        1. 2.Where his offence term and his non-offence term are consecutive—...

      3. Wholly concurrent terms of imprisonment

        1. 3.Where his offence term and his non-offence term are wholly...

      4. Partly concurrent terms of imprisonment

        1. 4.Where his offence term and his non-offence term are partly...

    2. SCHEDULE 2

      The Parole Board

      1. Membership

        1. 1.The Parole Board shall consist of a chairman and not...

        2. 2.The Parole Board shall include among its members—

        3. 3.A member of the Parole Board shall hold and vacate...

      2. Remuneration and allowances

        1. 4.There shall be paid to the members of the Board...

        2. 5.The expenses of the Board under paragraph 4 above and...

      3. Reports

        1. 6.The Board shall as soon as practicable after the end...

    3. SCHEDULE 3

      Documentary Evidence in Criminal Proceedings

      1. Production of copy documents

        1. 1.(1) For the purposes of any criminal proceedings a copy...

      2. Statements in business documents

        1. 2.(1) Except where it is a statement such as is...

        2. 3.A statement in a document shall be admissible in criminal...

      3. Documents kept by businesses etc.

        1. 4.Unless the court otherwise directs, a document may in any...

      4. Statements not contained in business documents

        1. 5.(1) In any criminal proceedings, the evidence of an authorised...

      5. Additional evidence where evidence from business documents challenged

        1. 6.(1) This sub-paragraph applies where— (a) evidence has been admitted...

      6. General

        1. 7.(1) Nothing in this Schedule— (a) shall prejudice the admissibility...

        2. 8.In this Schedule— “business” includes trade, profession or other occupation;...

    4. SCHEDULE 4

      Certificates as to Proof of Certain Routine Matters

      1. 1.Schedule 1 to the 1980 Act (which makes provision as...

      2. 2.For the entry relating to the Wireless Telegraphy Act 1949,...

      3. 3.After the entry relating to the Immigration Act 1971, there...

      4. 4.For the entry relating to the Supplementary Benefits Act 1976,...

      5. 5.After the entry relating to the Customs and Excise Management...

      6. 6.After the entry relating to the Forgery and Counterfeiting Act...

      7. 7.At the end there shall be added the following entry—...

    5. SCHEDULE 5

      Minor and Consequential Amendments

      1. Criminal Procedure (Scotland) Act 1975 (c. 21)

        1. 1.(1) The Criminal Procedure (Scotland) Act 1975 shall be amended...

      2. Mental Health (Scotland) Act 1984 (c. 36)

        1. 2.(1) Section 65 of the Mental Health (Scotland) Act 1984...

      3. Repatriation of Prisoners Act 1984 (c. 47)

        1. 3.(1) The Repatriation of Prisoners Act 1984 shall be amended...

      4. Legal Aid (Scotland) Act 1986 (c. 47)

        1. 4.In section 21(1) of the Legal Aid (Scotland) Act 1986...

      5. Road Traffic Offenders Act 1988 (c. 53)

        1. 5.In section 12(4) of the Road Traffic Offenders Act 1988,...

      6. Prisons (Scotland) Act 1989 (c. 45)

        1. 6.(1) The Prisons (Scotland) Act 1989 shall be amended as...

    6. SCHEDULE 6

      Transitional Provisions and Savings

      1. 1.In this Schedule— “existing provisions” means such provisions as relate...

      2. 2.(1) Subject to sub-paragraph (2) and paragraph 7 below, the...

      3. 3.An existing prisoner whose sentence is for a term of...

      4. 4.(1) An existing child detainee whose sentence under section 206...

      5. 5.(1) An existing child detainee who, by the relevant date,...

      6. 6.(1) This paragraph applies where, in the case of an...

      7. 7.Where a transferred life prisoner is a discretionary life prisoner...

      8. 8.Unless revoked, a licence under— (a) paragraph 4(1)(a)(i) or (b)(i)...

      9. 9.Section 12 of this Act shall apply in respect of...

    7. SCHEDULE 7

      Repeals and Revocations

      1. Part I Repeals

      2. Part II Revocations

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