Prisoners and Criminal Proceedings (Scotland) Act 1993

Section 47(1).

SCHEDULE 5E+W+S Minor and Consequential Amendments

Criminal Procedure (Scotland) Act 1975 (c. 21)E+W+S

F11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

2(1)Section 65 of the Mental Health (Scotland) Act 1984 (appeal to sheriff by patient in respect of whom restriction direction has been given) shall be amended as follows.

(2)In subsection (1)(b), for the words “in the event of the patient’s not being released on licence or discharged under supervision under subsection (2)(b)(ii) of this section he” there shall be substituted the words “ the patient ”.

(3)For subsection (2) there shall be substituted the following subsection—

“(2)If the sheriff notifies the Secretary of State—

(a)that the patient would be entitled to be absolutely discharged, the Secretary of State shall by warrant direct that the patient be remitted to any prison or other institution or place in which he might have been detained had he not been removed to hospital and that he shall be dealt with there as if he had not been so removed;

(b)that the patient would be entitled to be conditionally discharged, the Secretary of State may—

(i)by warrant give such direction as is mentioned in paragraph (a) above; or

(ii)decide that the patient should continue to be detained in a hospital,

and (if a direction is given under this subsection) on the person’s arrival in the prison or other institution or place to which remitted by virtue of this subsection, the restriction direction, together with the transfer direction given in respect of the person, shall cease to have effect.”.

Repatriation of Prisoners Act 1984 (c. 47)S

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

(2)In section 2 (transfer of prisoners out of United Kingdom), in subsection (4)(b), for sub-paragraph (ii) there shall be substituted the following sub-paragraph—

“(ii)released on licence under section 1(2), (3) or (4), 2(4) or 7(1) or (2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993;”.

(3)In section 3 (transfer of prisoners into United Kingdom), after subsection (8) there shall be inserted the following subsection—

“(9)The provisions contained by virtue of subsection (1)(c) above in a warrant under this Act shall, in the case of a person who is a transferred life prisoner for the purposes of section 48 of the Criminal Justice Act 1991 or section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to England and Wales or, as the case may be, Scotland) include provision specifying the part of his sentence which is treated by virtue of section 48 or section 10 as the relevant part of his sentence.”.

(4)In the Schedule (operation of certain enactments in relation to prisoners transferred into United Kingdom), in paragraph 2, for sub-paragraph (1) there shall be substituted the following sub-paragraphs—

“(1)In determining for the purposes of any of the enactments relating to release on licence whether the prisoner has at any time served a particular proportion or part of his sentence specified in that provision, the prisoner’s sentence shall, subject to sub-paragraph (2) below, be deemed to begin with the day on which the relevant provisions take effect.

(1A)In sub-paragraph (1) above “the enactments relating to release on licence” means—

(a)sections 33(1)(b) and (2), 34(3) and (5), 35(1) and 37(1) and (2) of the Criminal Justice Act 1991; and

(b)sections 1(2) and (3), 2(2) and (7) and 7(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.”; and the amendment made to sub-paragraph (2) of that paragraph by paragraph 35(3)(b) of Schedule 11 to the Criminal Justice Act 1991 shall extend also to Scotland.

(5)For paragraph 3 of the Schedule there shall be substituted the following paragraph—

“3Where the relevant provisions include provision equivalent to a sentence in relation to which section 35(2) of the Criminal Justice Act 1991 or, as the case may be, section 1(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (power to release life prisoners who are not discretionary life prisoners) applies, section 35(2) or, as the case may be, section 1(4) shall have effect as if the reference to consulting the trial judge were omitted.”.

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

4SIn section 21(1) of the Legal Aid (Scotland) Act 1986 (definition of “criminal legal aid”), after paragraph (a) (but before the word “and” which immediately follows that paragraph) there shall be inserted the following paragraph—

“(aa)any case the referral of which is required, under section 2(6) of the Prisoners and Criminal Proceedings (Scotland) Act 1993, by a discretionary life prisoner;”.

Road Traffic Offenders Act 1988 (c. 53)S

5SIn section 12(4) of the Road Traffic Offenders Act 1988, as proposed to be inserted by paragraph 85 of Schedule 4 to the M1Road Traffic Act 1991 (proof of identity of driver in summary proceedings for certain road traffic offences), for the words “Road Traffic Act 1988” in the first place where they occur there shall be substituted the words “ this Act ”.

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

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

(2)In section 12 (photographing and measuring of prisoners)—

(a)for the words “The Secretary of State may make regulations as to” there shall be substituted the words “ Rules under section 39 of this Act may provide for ”; and

(b)the words “such regulations” shall cease to have effect.

(3)In section 14(1) (legalised police cells), after the word “under” there shall be inserted the words “ section 39 of ”.

(4)In section 19 (provisions of 1989 Act applying to remand centres and young offenders institutions)—

(a)in subsection (3), for the words “the rules” there shall be substituted the words “ rules under section 39 of this Act ”; and

(b)in subsection (4), in sub-paragraph (iii) of the proviso—

(i)for the words “paragraphs (i) and (ii)” there shall be substituted the words “ paragraph (i) ”; and

(ii)for the words “of the Secretary of State” there shall be substituted the words “ under section 39 of this Act ”.

(5)In section 21 (transfer to prison of persons over 21 etc.)—

(a)in subsection (1), after the word “section” there shall be inserted the words “ but without prejudice to section 20A(2) of this Act ”; and

(b)in subsection (3), after the words “1975 Act” there shall be inserted the words “ the Prisoners and Criminal Proceedings (Scotland) Act 1993 ”.

(6)In section 39(1) (rules for the management of prisons and other institutions)—

(a)the word “and”, where it occurs for the third time, shall cease to have effect; and

(b)at the end there shall be added the words “ and for any other matter as respects which it is provided in this Act that rules may be made under this section ”.

(7)In section 40(2) (no account to be taken, in calculating period of liability to detention, of period when unlawfully at large)—

(a)after the word “institution”, where it first occurs, there shall be inserted the words “ or committed to a prison or remand centre ”;

(b)after the word “sentence” there shall be inserted the words “ or committal ”;

(c)for the words “or young offenders institution” there shall be substituted the words “ , young offenders institution or remand centre ”; and

(d)after the words “so detained,” there shall be inserted the words “ or the date on or by which a term or period of imprisonment or detention elapses or has been served, ”.

(8)In section 42(2) (procedure in relation to statutory instruments containing regulations or rules), for the words from “regulations” to the end there shall be substituted the words “ an order made under section 37(1) or rules made under section 39 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament ”.

(9)In section 43 (interpretation)—

(a)in subsection (1), the definition of “sentence of imprisonment” shall cease to have effect; and

(b)in subsection (2), the words “(other than in section 25)” shall cease to have effect.