Журнал 835-го пленарного заседания Форума по сотрудничеству в области безопасности
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After section 205 of the 1995 Act there shall be inserted the following section—.
After Schedule 5 to the 1995 Act, there shall be inserted the following Schedule—.
After section 205 of the 1995 Act there shall be inserted the following section—.
In section 196 of the 1995 Act (sentence following guilty plea)—
the existing words shall become subsection (1); and
at the end there shall be added the following subsection—.
After section 205 of the 1995 Act there shall be inserted the following section—.
Section 209 of the 1995 Act (supervised release orders) shall be amended in accordance with this section.
For subsection (1) there shall be substituted the following subsections—.
“relevant period” means such period as may be specified in the order, being, where a supervised release order is imposed—
In subsection (8) after the words “section 207” there shall be inserted the words “or 208”.
After subsection (8) there shall be inserted the following subsections—.
After section 245 of the 1995 Act there shall be inserted the following sections—.
After section 59 of the 1995 Act (restriction orders), there shall be inserted the following section—.
In section 60 of the 1995 Act (appeals against disposal related to mental disorder)—
for the words “or a restriction order” there shall be substituted the words “ , a restriction order or a hospital direction ”; and
for the words “order in” there shall be substituted the words “ order or, as the case may be, direction in ”.
In section 204 of the 1995 Act (restrictions on the passing of sentence of imprisonment)—
in subsection (2), the words from “and”, where it first occurs, to the end shall cease to have effect; and
after subsection (2), there shall be inserted the following subsection—.
In section 207 of the 1995 Act (detention of young offenders), after subsection (4) there shall be inserted the following subsection—.
In section 307 of the 1995 Act (interpretation), after the definition of “hospital” there shall be inserted the following definition—.
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After section 62 of the 1984 Act, there shall be inserted the following section—.
In section 63 of that Act (rights of appeal of restricted patients)—
in subsection (1)—
in the definition of “restricted patient” after the word “order” there shall be substituted the words “, to a hospital direction”; and
“relevant hospital order”, “relevant hospital direction” and “relevant transfer direction”, in relation to a restricted patient, mean the hospital order, hospital direction or transfer direction by virtue of which he is liable to be detained in a hospital.
in subsection (2), in paragraph (a), after the word “order” there shall be inserted the words “, hospital direction”.
In section 65 of that Act (appeal where person is subject to restriction direction)—
in subsection (1), after the word “subject” there shall be inserted the words “to a hospital direction or”;
in subsection (2)—
in paragraph (a) for the words “removed to hospital” there shall be substituted the words “conveyed under a relevant hospital direction or removed under a relevant transfer direction to a hospital specified in the direction” and for the words “so removed” there shall be substituted the words “so conveyed or removed”; and
the words after paragraph (b) shall cease to have effect; and
after subsection (2) there shall be inserted the following subsection—.
In section 74 of that Act (further provision as to transfer directions and restriction directions)—
after subsection (1), there shall be inserted the following subsection—;
in subsection (2), after the words “subsection (1)” there shall be inserted the words “and (1A)”;
in subsection (3)—
after the words “subsection (1)” there shall be inserted the words “or (1A)”;
after the word “been”, where it occurs for the second time, there shall be inserted the words “conveyed or”; and
for the words “so removed” there shall be substituted the words “so conveyed or removed”;
in subsection (4), after the words “subsection (1)” there shall be inserted the words “or (1A)”;
in subsection (5), after the words “restriction direction” there shall be inserted the words “or, as the case may be, the hospital direction”;
after subsection (8), there shall be inserted the following subsections—;
in subsection (9)—
after the word “before” there shall be inserted——; and
after the word “above” there shall be inserted the following paragraph—; or;
in subsection (10), after the words “restriction direction”, in both places where they occur, there shall be inserted the words “or, as the case may be, hospital direction”; and
in subsection (11), after the words “transfer direction” there shall be inserted the words “or, as the case may be, hospital direction”.
“hospital direction” has the meaning assigned to it by section 59A(1) of the Criminal Procedure (Scotland) Act 1995;
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Subject to subsection (2) below, any power to specify a hospital which is conferred by— includes a power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.
section 57(2)(a) of the 1995 Act (disposal where accused insane);
section 58 of the 1995 Act (hospital orders);
section 59A of the 1995 Act (hospital directions); or
section 71 of the 1984 Act (transfer direction),
In subsection (1) above—
paragraph (a) shall not apply unless the court also makes an order under paragraph (b) of section 57(2) of the 1995 Act;
paragraph (b) shall not apply unless the court also makes an order under section 59 of the 1995 Act;
paragraph (d) shall not apply unless the Secretary of State also gives a direction under section 72 of the 1984 Act.
In this section—
“prescribed” means prescribed in rules made under section 39 of the 1989 Act (rules); and
“initial assessment period” means an assessment period starting less than twelve months after the day on which his sentence begins and “subsequent assessment period” shall be construed accordingly.
In section 53 of the 1995 Act (interim hospital orders)—
in subsection (1), the words “subsection (2) below and” shall cease to have effect; and
subsection (2) shall cease to have effect.
In section 61 of the 1995 Act (requirements as to medical evidence)—
in subsection (1), for the words from “under” to “this Act” there shall be substituted the words “ in making a finding under section 54(1)(a) of this Act or under any of the relevant provisions ”;
after subsection (1) there shall be inserted the following subsection—;
in subsection (2), for the words “the said section 58(1)(a)” there shall be substituted the words “ any of the relevant provisions ”;
in subsection (3), for the words “the said sections 54(1) and 58(1)(a)” there shall be substituted the words “ making a finding under section 54(1)(a) of this Act or of any of the relevant provisions ”; and
after subsection (5) there shall be added the following subsection—.
In section 53 of the 1995 Act (interim hospital orders), in subsection (6), for the words “six months” there shall be substituted the words “ twelve months ”.
In section 210 of the 1995 Act (consideration of time spent in custody), in subsection (1)—
at the end of paragraph (a) there shall be inserted the words “ , or spent in hospital awaiting trial or sentence by virtue of an order made under section 52, 53 or 200 of this Act ”; and
in paragraph (c), after subparagraph (ii) there shall be inserted the following words—; or .
In section 3 of the 1995 Act (jurisdiction and powers of solemn courts)—
in subsection (3), for the words “three years” there shall be substituted the words “ five years ”;
in subsection (4), for the words “three years” there shall be substituted “ five years ”;
after subsection (4) there shall be inserted the following subsection—; and
in subsection (5), for the words “subsection (4)” there shall substituted the words “ subsections (4) and (4A) ”.
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in subsection (2)(d), for the words “three months” there shall be substituted the words “six months”; and
in subsection (3), for the words “six months” there shall be substituted the words “twelve months”.
In section 195(2) of the 1995 Act (remit to High Court for sentence where sheriff’s power limited by statute) for the words “three years”, in both places where they occur, there shall be substituted the words “ five years ”.
In paragraph 12 of Schedule 3 to the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (construction of references to penal servitude and hard labour), in sub-paragraph (3), for the words “two years” there shall be substituted the words “ five years ”.
In section 5 of the Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with girls under the age of 16 years)—
in subsection (2), for the words “two years” there shall be substituted the words “ ten years ”; and
in subsection (3), for the words “two years” there shall be substituted the words “ ten years ”.
In section 6 of that Act (indecent behaviour towards a girl aged between 12 and 16 years), for the words “two years” there shall be substituted the words “ ten years ”.
After section 248 of the 1995 Act there shall be inserted the following sections—.
In section 252(2) of the 1995 Act (application of fines provisions to compensation orders)—
the word “and” in the third place where it occurs shall cease to have effect; and
section 248B (driving disqualification for fine defaulters) so far as it relates to the power conferred by section 219(1)(b).
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In section 2 of the 1993 Act (duty to release discretionary life prisoners)—
for subsection (1) there shall be substituted the following subsection—; and
in subsection (2)—
the word “and” shall cease to have effect; and
after paragraph (b), there shall be inserted the words—; and .
Except in a case to which subsection (3A) or (3B) below applies,this subsection applies where, in the case of a person sentenced, prior to the coming into force of this section, in respect of a murder committed by him before he attained the age of 18 years, the Lord Justice General, whom failing the Lord Justice Clerk, after consultation with the trial judge, if available, certifies his opinion that, if section 2 of the 1993 Act, as amended by this Act, had been in force at the time when the prisoner was sentenced, the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.
In a case to which subsection (2) above applies, Part I of the 1993 Act, except section 2(9), shall apply as if—
the life prisoner concerned were a . . . life prisoner within the meaning of section 2 of that Act; and
the punishment part of his sentence within the meaning of that section were the part specified in the certificate.
This subsection applies in a case where a person—
was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
has been released on licence, other than under section 3 of the 1993 Act, whether before or on that date.
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he shall be treated as a designated life prisoner within the meaning of section 2 of the 1993 Act only if the requirements of subsection (2) above are satisfied in respect of each of those sentences; and
notwithstanding the terms of any certificate under that subsection, subsections (4) and (6) of that section shall not apply to him until he has served the designated part of each of those sentences.
This subsection applies in a case where a person—
was sentenced, prior to 20 October 1997, in respect of a murder committed by him before he attained the age of 18 years; and
has been released on licence, other than under section 3 of the 1993 Act, after that date without his case having been considered under subsection (2) above.
In a case to which subsection (3A) or (3B) applies, Part I of the 1993 Act shall apply as if the person were a designated life prisoner, within the meaning of section 2 of that Act, whose licence had been granted under subsection (4) of that section on his having served the designated part of his sentence.
In section 106 of the 1995 Act (right of appeal in solemn proceedings), for subsection (3) there shall be substituted the following subsections—.
In section 175 of the 1995 Act (right of appeal in summary proceedings), for subsection (5) there shall be substituted the following subsections—.
In section 106(1) of the 1995 Act (right of appeal), after paragraph (b) there shall be inserted the following paragraph—.
After section 108 of the 1995 Act, there shall be inserted the following section—
In section 112(1) of the 1995 Act (bail for appellants), in paragraph (b) after the words “section 108” there shall be inserted the words “ or 108A ”.
In section 116(2) of the 1995 Act (abandonment of part of appeal)—
after the word “against”, in the second place where it occurs, there shall be inserted the words “ both conviction and a decision such as is mentioned in section 106(1)(bb) or ”; and
for the words “or disposal” there shall be substituted the words “ or, as the case may be, decision, disposal ”.
In section 118 of the 1995 Act (disposal of appeals)—
in subsection (4), for the words “section 106(1)(c)” there shall be substituted the words “ section 106(1)(bb) ”; and
after subsection (4) there shall be inserted the following subsection—.
In section 121 of the 1995 Act (suspension of disqualification)—
in paragraph (b) of subsection (1), for the words “or 108” there shall be substituted the words “ , 108 or 108A ”;
in paragraph (b) of subsection (2), for the words “or 108” there shall be substituted the words “ , 108 or 108A ”;
in subsection (4), for the words “or 108” there shall be substituted the words “ , 108 or 108A ”.
In section 125 of the 1995 Act (reckoning of time spent pending appeal)—
in paragraph (b) of subsection (1), after the words “section 108” there shall be inserted the words “ or 108A ”; and
in subsection (2), after the words “section 108” there shall be inserted the words “ or 108A ”.
In section 126 of the 1995 Act (extract convictions), in paragraph (b) for the words “or 108” there shall be substituted the words “ , 108 or 108A ”.
After section 106 of the 1995 Act (appeals), there shall be inserted the following section—.
In section 110(1) of the 1995 Act (notes of appeal), in paragraph (a), for the words from “passing” to “sentence)” there shall be substituted the words “ appropriate date (being, as the case may be, the date on which sentence was passed, the order disposing of the case was made, sentence was deferred or the previous conviction was quashed as mentioned in section 106A(1)(c) or (2)(c) of this Act) ”.
After section 303 of the 1995 Act there shall be inserted—.
For section 108 of the 1995 Act there shall be substituted the following section—.
For subsection (4) of section 175 of the 1995 Act there shall be substituted the following subsections—.
After section 60 of the 1995 Act there shall be inserted the following section—.
It shall be competent for a convicted person or a prosecutor to appeal against a decision made under section 49 of the 1995 Act (reference or remit to children’s hearing) to remit a case to the Principal Reporter and, accordingly—
in section 49(4) of that Act, at the beginning there shall be inserted the words “ Subject to any appeal against any decision to remit made under subsection (1)(a) above or (7)(b) below, ”;
in section 106(1) of that Act (right of appeal in solemn proceedings), after paragraph (d) there shall be inserted the following paragraph—; and
in subsection (2) of section 175 of that Act (right of appeal in summary proceedings), after paragraph (c) there shall be inserted the following paragraph—.
After section 121 of the 1995 Act, there shall be inserted the following section—.
After section 193 of the 1995 Act, there shall be inserted the following section—.
After Part X of the 1995 Act there shall be inserted the following new Part—.
After Schedule 9 to the 1995 Act there shall be inserted the following Schedule—.
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After section 233(5) of the 1995 Act (probation orders: commission of further offence) there shall be inserted the following subsection—.
After section 241(3) of the 1995 Act (requirements as to proceedings in respect of commission of offence during currency of community service order) there shall be inserted the following subsection—.
After section 255 of the 1995 Act there shall be inserted the following section—.
Section 154 of the 1995 Act shall cease to have effect.
After section 279 of the 1995 Act there shall be inserted the following section—.
For section 271 of the 1995 Act there shall be substituted the following section—.
Schedule 9 to the 1995 Act (routine evidence) shall be amended in accordance with subsection (3) below.
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in the first column, for the words from “Section 31(1)” to “such waters etc)” there shall be substituted the words “Section 30F (pollution offences)”;
in the second column, for the words “a river purification authority (within the meaning of that Act)” there shall be substituted the words “the Scottish Environment Protection Agency”.
A person authorised to do so by the Secretary of State, being a person who has examined the record maintained in pursuance of arrangements made by the designated authority and in the case of a certificate in terms of— (a) sub-paragraph (a) in column 3, the video work mentioned in that sub-paragraph; (b) sub-paragraph (b) in that column, both video works mentioned in that sub-paragraph. That the record shows any of the following— (a) in respect of a video work (or part of a video work) contained in a video recording identified by the certificate, that by a date specified no classification certificate had been issued; (b) in respect of a video work which is the subject of a certificate under sub-paragraph (a) above, that the video work differs in a specified way from another video work contained in a video recording identified in the certificate under this sub-paragraph and that, on a date specified, a classification certificate was issued in respect of that other video work; (c) that, by a date specified, no classification certificate had been issued in respect of a video work having a particular title; (d) that, on a date specified, a classification certificate was issued in respect of a video work having a particular title and that a document which is identified in the certificate under this sub-paragraph is a copy of the classification certificate so issued; expressions used in column 2, or in this column, of this entry being construed in accordance with that Act; and in each of sub-paragraphs (a) to (d) above “specified” means specified in the certificate under that sub-paragraph.
Section 5 of the Video Recordings Act 1993 shall cease to have effect.
In Schedule 22 of the Environment Act 1995 (minor and consequential amendments), paragraph 35 shall cease to have effect.
In section 101 of the 1995 Act (previous convictions in solemn proceedings), subsection (5) shall cease to have effect.
In section 27(1) of the Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prisons etc.)—
after paragraph (a) there shall be inserted the following paragraph—;
after paragraph (a) there shall be inserted the following paragraph—;
after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—;
after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—; and
after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—.
Subject to subsection (2) below, this Chapter applies in relation to sentences imposed in respect of offences committed after this Chapter comes into force.
This Chapter does not apply in relation to sentences of an indeterminate length.
Schedule 2 to this Act, which makes transitional provision as to the relationship between sentences passed in respect of offences committed before and after the coming into force of this Chapter, shall have effect.
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Chapter to have been committed on the last of those days.
In this Chapter—
Subject to subsection (7) below, the amendments made by this Act to the Repatriation of Prisoners Act 1984, section 74(6) of the 1984 Act, the 1989 Act and the 1993 Act, and the amendments made to the 1995 Act by paragraph 21(3) of Schedule 1 to this Act shall have effect only in relation to sentences in relation to which this Chapter applies; and any amendment expressed to relate to any of those Acts before or, as the case may be, after the amendments made by this Act come into force, shall have effect accordingly.
Subsection (6) above does not apply—
to amendments made to the Repatriation of Prisoners Act 1984 by paragraph 10(2)(b) and (3) of Schedule 1 to this Act;
to amendments to the 1989 Act made by sections 42, 43 and 44 of, paragraph 13(2) and (4) of Schedule 1 to, and the repeal of the words from “including” to the end of section 3(1) of that Act made by Schedule 3 to, this Act; and
to amendments to the 1993 Act made by section 16 of, and paragraph 14(2)(b), (3)(a) to (d), (8), (10)(b), (11)(a) and (18) of Schedule 1 to, this Act.
Without prejudice to the provisions of Schedule 2 to this Act (which makes specific provision in relation to aggregation of sentences in the cases mentioned in it), for the purposes of any reference, however expressed, in this Chapter to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, he has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
This section applies where a prisoner is serving a sentence of imprisonment for a term of more than two months.
For each initial assessment period, the prescribed person may award the prisoner such number of early release days, not exceeding twelve, as he may determine having regard to the extent to which the prisoner’s behaviour during that period has attained the prescribed minimum standard.
For each subsequent assessment period, the prescribed person may award the prisoner—
such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during that period has attained the prescribed minimum standard; and
such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has exceeded that standard.
Where any early release days are awarded to a prisoner, any period which he must serve before becoming entitled to be released shall be reduced by the aggregate of those days.
No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.
The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such amendments as may be specified in the order; but no amendment so specified shall reduce—
the number of days specified in subsection (2) or (3)(a) above; or
the total number of days specified in subsection (3) above.
The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section, in relation to a prisoner—
“assessment period” means—
each successive period of two months ending before his release; and
This section applies to a prisoner who has been held in custody on remand prior to conviction or sentence and in respect of whom the court passing sentence has, under section 210(1)(b) of the 1995 Act (consideration of time spent in custody), fixed a date for the beginning of his sentence prior to the date upon which sentence is passed.
Following the conviction and sentence of a prisoner mentioned in subsection (1) above, the prescribed person may, in accordance with section 34 of this Act, and having regard to the extent to which prison staff have not made adverse reports in respect of his conduct during the period which he has spent on remand, retrospectively award him early release days in respect of that part of that period which has been included in his sentence.
Where— he shall be awarded the maximum number of early release days in respect of his period in that hospital which he could have been awarded under this section if he had spent that period in custody on remand.
a prisoner has, prior to conviction or sentence, been held in hospital by virtue of an order made under section 52 (power of court to commit to hospital an accused suffering from mental disorder), 53 (interim hospital orders) or 200 (remand for inquiry into physical or mental condition) of the 1995 Act; and
the court passing sentence has, under section 210(1)(b) of that Act, fixed a date for the beginning of his sentence prior to the date upon which sentence was passed,
No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.
Subject to subsection (6) below, this section and section 34 of this Act apply to persons sentenced to be detained under section 44 (detention of children in summary proceedings) or detained for determinate periods under section 208 (detention of children convicted on indictment) of the 1995 Act as they apply to prisoners.
Any early release days which may competently be awarded to a prisoner under this section or section 34 of this Act shall automatically be awarded to a person to whom either of those sections applies by virtue of subsection (5) above, but only for so long as that person is detained in a place other than a young offenders institution or a prison.
Where a person such as is mentioned in subsection (6) above is transferred to a young offenders institution or a prison he shall, without prejudice to any rules as to forfeiture made under section 39(14) of the 1989 Act (rules), be entitled to the early release days awarded to him prior to that transfer.
Section 39 of the 1989 Act (rules for the management of prisons) shall be amended in accordance with this section.
Subsection (7) shall cease to have effect.
After subsection (12), there shall be added the following subsections—.
This section applies to a prisoner, other than a prisoner mentioned in subsection (8) below, sentenced to a term of imprisonment (in this section referred to as “the original sentence”) by a court in Scotland and released by virtue of section 34 of this Act if—
following that release and before the expiry of— whichever is the later, he commits another offence punishable by imprisonment; and
any supervised release order made in respect of him; or
a period representing one sixth of the term of imprisonment to which he was originally sentenced,
whether before or after that date, he pleads guilty to or is found guilty of that offence (in this section referred to as “the new offence”) in a court in the United Kingdom.
Where the court mentioned in subsection (1)(b) above is in Scotland then, instead of or in addition to making any other order in respect of the plea or finding—
in a case other than that mentioned in paragraph (b) below, and subject to subsection (3) below, it may order the prisoner to be returned to prison for the whole or any part of the period which—
begins with the date of the order for his return; and
is equal in length to the period between the date of his release and the date on which he would (but for that release) have served his sentence in full;
in a case where that court is inferior— it shall refer the case to the superior court in question; and a court to which a case is so referred may make such order with respect to the prisoner as is mentioned in paragraph (a) above.
to the court which imposed the original sentence; or
where that sentence was imposed by more than one court, to any of those courts,
There shall be deducted from the period mentioned in subsection (2)(a) above any period which the prisoner has already spent in prison by reason of—
having been returned to prison on the order of a court for breach of a supervised release order made at the time of his original conviction; or
having been returned to prison by virtue of a sentence passed in respect of an earlier offence committed by him during the period after his release and prior to the date mentioned in subsection (1)(a) above.
Where the court mentioned in subsection (1)(b) above is in England and Wales or Northern Ireland it may, instead of or in addition to making any other order in respect of the plea or finding, refer the case to the court which imposed the original sentence and shall, if it does so, send to that court such particulars of the case as may be relevant.
The court to which a case is referred under subsection (4) above may make such an order as is referred to in subsection (2)(a) above in respect of the prisoner.
The period for which a prisoner to whom this section applies is ordered under subsection (2) or (5) above to be returned to prison—
shall be taken to be a sentence of imprisonment for the purposes of this Act and of any appeal; and
shall, as the court making the order may direct, either be served before and be followed by, or be served concurrently with, any sentence of imprisonment imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).
In exercising its powers under section 118(4) or 189(1) of the 1995 Act (disposal of appeals), the court hearing an appeal against an order under subsection (2) or (5) above may, if it thinks fit, substitute for the period specified in the order a period not exceeding the period between the date on which the person was released and the date on which he would (but for his release) have served his sentence in full.
This section does not apply to a person upon whom detention has been imposed under section 44 (detention of children convicted in summary proceedings) or 208 (detention of children convicted on indictment) of the 1995 Act and, accordingly where any such person has been awarded early release days, he is not thereafter liable to be returned to prison under this section.
Where a person who has been sentenced to imprisonment for a term of twelve months or more commits a further offence within a period— the court which sentences him for the further offence shall, in determining the appropriate sentence or disposal for that offence, have regard to the fact that the further offence was committed during that period.
starting on the date on which he is released from prison; and
ending after a period equal to one sixth of the term for which he was sentenced,
The court shall not have regard to the fact that the further offence was committed during the period mentioned in subsection (1) above unless written notice that that fact is to be brought to the attention of the court has been served on the person concerned with the complaint or indictment.
The fact that the further offence was committed within the period mentioned in subsection (1) above shall, unless challenged— be held as admitted.
in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of the 1995 Act (preliminary diet: notice) or under that paragraph as applied by section 71(2) of that Act (first diet); or
in summary proceedings, by preliminary objection before his plea is recorded,
Where the maximum penalty in respect of the further offence is specified by or by virtue of any enactment, that maximum penalty shall, for the purposes of the court’s determination, by virtue of subsection (1) above, of the appropriate sentence or disposal in respect of that offence, be increased—
where it is a fine, by the amount for the time being equivalent to level 3 on the standard scale; and
where it is a period of imprisonment— notwithstanding that the maximum penalty as so increased exceeds the penalty which it would otherwise be competent for the court to impose.
as respects a conviction in the High Court or the sheriff court, by six months; and
as respects a conviction in the district court, by 60 days,
Where the sentence or disposal in respect of the further offence is, by virtue of subsection (1) above, different from that which the court would have imposed but for that subsection, the court shall state the extent of and the reasons for that difference.
This section applies to a child who— as it applies to prisoners.
has been sentenced to a determinate period of detention of twelve months or more under section 208 of the 1995 Act (detention of children following conviction on indictment); and
is convicted by a criminal court of a further offence,
Sections 34 and 37 of this Act apply to persons on whom imprisonment or, as the case may be, detention in a young offenders institution has been imposed— as they apply to persons sentenced to imprisonment, or on whom detention has been imposed, on conviction of an offence.
under section 219 of the 1995 Act (imprisonment for non-payment of fine); or
for contempt of court,
Section 34 of this Act shall apply to children in respect of whom detention has been imposed for fine default or contempt of court as it applies, by virtue of subsections (5), (6) and (7) of section 35 of this Act, to persons sentenced to be detained under 44 (detention of children in summary proceedings) or detained for determinate periods under section 208 (detention of children convicted on indictment) of the 1995 Act.
Subject to the provisions of this section, sections 34, 35 and 37 of this Act apply to persons liable to removal from the United Kingdom.
In calculating any period following the release of such a person for the purposes of any of those sections, no account shall be taken of any period during which that person was furth of the United Kingdom.
For the purposes of this section a person is liable to removal from the United Kingdom if he—
is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him;
is liable to deportation under section 3(6) of that Act;
has been notified of a decision to refuse him leave to enter the United Kingdom; or
is an illegal immigrant within the meaning of section 33(1) of that Act.
This section applies to prisoners who have to serve some part of their sentence in hospital in consequence of— (in this section referred to as “mentally disordered offenders”).
a transfer under section 71 of the 1984 Act (removal to hospital of persons serving sentences of imprisonment and other persons); or
a hospital direction under section 59A of the 1995 Act (hospital directions),
For the purposes of section 34 of this Act, where a mentally disordered offender spends any period in hospital, he shall be treated as if he had spent that period in prison, and as if he had been awarded the maximum number of early release days which he could have been awarded under that section had he been detained in a prison during that period.
Sections 37 and 38 of this Act apply to a mentally disordered offender who is in hospital on the day on which his sentence (taking into account any early release days which he has been awarded) expires as if he had been released from prison on that day.
After section 41B of the 1989 Act there shall be inserted the following section—.
In section 3(1) of the 1989 Act (general superintendence of prisons) the words from “including” to the end shall cease to have effect.
After section 3 of the 1989 Act there shall be inserted the following section—.
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in paragraph (a), after the word “sections” there shall be inserted the words “3A,”; and
in paragraph (b), for the words “1 to 7” there shall be substituted the words “1 to 3, 4 to 7”.
For section 107(6) of the Criminal Justice and Public Order Act 1994 (medical officers in contracted out prisons), there shall be substituted the following subsections—.
In section 110 of that Act (application of enactments)—
in subsection (3), after the word “sections” there shall be inserted the words “ 3A(6) (power to authorise searches of persons providing medical services), ”;
in subsection (4), after the word “sections” there shall be inserted the words “ 3A(6) (power to carry out searches of persons providing medical services), ”;
after subsection (4) there shall be inserted the following subsection—; and
in subsection (6), after the word “Sections” there shall be inserted the words “ 3A(1) to (5)(medical services), ”.
In section 112(4) of that Act (contracted out functions at directly managed prisons)—
before paragraph (a) there shall be inserted the following paragraph—; and
in paragraph (a) for the words “the 1989” there shall be substituted the word “ that ”.
After section 41B of the 1989 Act there shall be inserted the following section—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 32 of the Police (Scotland) Act 1967 there shall be substituted the following section—.
A determination made under section 32(3) (police grant) of the Police (Scotland) Act 1967 (as inserted into that Act by subsection (1) above) for the financial year 1997-98 may, notwithstanding that this section comes into force after the beginning of that financial year, relate to the whole of that year; and the first such determination shall take effect in place of any determination made for that year under section 32(1) of that Act as it had effect prior to the coming into force of this section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For section 36 of the Police (Scotland) Act 1967 there shall be substituted the following section—.
“central service” means temporary service under the Crown, with the consent of the appropriate authority, in connection with— and temporary service under section 34 of this Act.
Section 36, and the definition of “central services” in section 38(5), of the Police (Scotland) Act 1967, as substituted respectively by subsections (1) and (2) above, shall come into force or, if this section comes into force after that date, be deemed to have come into force, on 1st April 1997.
The first determination made by the Secretary of State under section 36(3) of that Act, as so substituted, for the recovery of any expenditure incurred by him under that section—
may be applied by him in relation to any expenditure so incurred during the period beginning on 1st April 1997 and ending on the date on which the determination is made; and
subject to subsection (5) below, shall take effect in place of any provision for such recovery made in an order under the said section 36 as it had effect prior to the coming into force of this section.
Nothing in subsection (4) above shall entitle the Secretary of State to recover a higher proportion of his expenditure in relation to the period mentioned in that subsection than he would have been entitled to recover in relation to that period under any such order.
In section 18 of the 1995 Act (prints and samples in criminal investigations)—
in subsection (2)—
for the words from “fingerprints” to “body” there shall be substituted the words “ , or require the person to provide him with, such relevant physical data ”; and
at the end there shall be inserted the words “ from him or require him to provide, and the person so required shall comply with that requirement ”;
in subsection (3), for the words from “prints or impressions taken”, there shall be substituted the words “ relevant physical data taken from or provided by a person ”;
subsection (7) shall cease to have effect; and
after subsection (7) there shall be inserted the following subsections—.
In section 19 of the 1995 Act (taking of prints etc from convicted persons)—
in subsection (1)—
in paragraph (a), for the words “a sample, print or impression” there shall be substituted the words “ taken from him, or been required to provide, any relevant physical data or had any impression or sample ”; and
which was not suitable for the means of analysis for which the data were taken or required or the impression or sample was taken
for paragraph (a) of subsection (2), there shall be substituted the following paragraph—; and
in subsection (4)(b)—
after the words “intimation that” there shall be inserted the words “ the relevant physical data were or ”; and
the words “, print or impression” shall cease to have effect.
In section 20 of the 1995 Act (use of prints etc.)—
for the word “prints”, in the place where it first occurs, there shall be substituted the words “ relevant physical data ”; and
for the word “prints”, in the place where it second occurs, there shall be substituted the word “ data ”.
In section 284 of the 1995 Act (evidence in relation to fingerprints)—
in subsection (1)—
for the words “two constables” there shall be substituted the words “ a person authorised in that behalf by a chief constable ”; and
for the words from “the fingerprints” to “from” there shall be substituted the words “ relevant physical data (within the meaning of section 18(7A) of this Act) was taken from or provided by ”;
for subsection (2) there shall be substituted the following subsections—.
In section 285 of the 1995 Act (proof of previous convictions), after subsection (9) there shall be inserted the following subsection—.
In section 19 of the 1995 Act (taking of prints and samples after conviction) in subsection (1) for the word “This” there shall be substituted the words “ Without prejudice to any power exercisable under section 19A of this Act, this ”.
After section 19 of the 1995 Act there shall be inserted the following sections—.
After Part IV of the 1986 Act there shall be inserted the following Part—.
After section 28 of the 1986 Act there shall be inserted the following section—.
In section 33 of the 1986 Act (fees and outlays of counsel and solicitors), after subsection (3) there shall be inserted the following subsections—.
After section 33 of the 1986 Act there shall be inserted the following section—.
After section 35 of the 1986 Act there shall be inserted the following sections—.
After section 41 of the 1986 Act there shall be inserted the following section—.
Section 43 of the 1995 Act (arrangements where child arrested) shall be amended in accordance with this section.
In subsection (1), for the words from “shall”, in the second place where it occurs, to the end there shall be substituted the words—may liberate him— .
In subsection (6)—
for the words from “is” to “diet” there shall be substituted the words “ fails to appear at the court and at the time specified in the undertaking entered into by him or on his behalf under subsection (1) above ”; and
after the word “conviction” there shall be inserted the words “ of any charge made against him at the time he was liberated under that subsection ”.
Section 51 of the 1995 Act (remand or committal of children and young persons) shall be amended in accordance with this section.
In subsection (1)—
in paragraph (a), for the words “in whose area the court is situated” there shall be substituted the words “ which it considers appropriate ”;
after paragraph (a) there shall be inserted the following paragraph— and
in paragraph (b), after the “age”, where it first occurs, there shall be inserted the words “ to whom paragraph (aa) above does not apply ”.
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After subsection (4) there shall be inserted the following subsection—.
After section 67 of the 1995 Act, there shall be inserted the following section—.
In section 140 of the 1995 Act (citation)—
in subsection (1), after the words “for” there shall be inserted the words— ; and
subsection (3) shall cease to have effect.
Section 85 of the 1995 Act (citation and attendance of jurors) shall be amended as follows.
In subsection (1), the words from “but” to the end shall cease to have effect.
For subsection (2), there shall be substituted the following subsections—.
Section 285 of the 1995 Act (proof of previous convictions) shall be amended in accordance with the following provisions of this section.
In subsection (2)—
for the words “or on behalf of the Chief Constable of Strathclyde” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate ”;
for the words “by the person by or on whose behalf the certificate is signed” there shall be substituted the words “ in pursuance of a service provided and maintained by the Secretary of State under or by virtue of section 36 of the Police (Scotland) Act 1967 or by or on behalf of the Commissioner of Police of the Metropolis ”.
In subsection (5)—
for the words “or on behalf of the Chief Constable of Strathclyde” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate ”;
for the words “or on behalf of the Chief Constable” there shall be substituted the words “ the Secretary of State or by a person authorised by him to sign such a certificate or by or on behalf of ”.
The Lord Advocate may out of money provided by Parliament make grants of such amount and on such conditions as he considers appropriate to any person for the provision to him by that person of forensic medical services.
Where a constable has reasonable grounds for suspecting that a person in a public place— he may require that person to surrender the alcohol to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.
is under the age of 18; and
is in possession of alcohol, within the meaning of the Licensing (Scotland) Act 1976,
Where a constable has reasonable grounds for suspecting that a person of or over the age of 18 has alcohol in his possession in a public place and that that person— the constable may require the person in possession of the alcohol to surrender it to him, and may dispose of it in such manner as he considers appropriate; and he may also require that person to supply him with his name and address.
has supplied such alcohol to a person under the age of 18 for consumption in a public place; or
intends that that alcohol should be consumed in a public place by a person under the age of 18,
Subject to subsection (4) below, it shall be an offence punishable on summary conviction by a fine not exceeding level 2 on the standard scale for a person to fail to comply with a requirement made under subsection (1) or (2) above.
Where a constable makes a requirement such as is mentioned in subsection (1) or (2) above he shall inform the person concerned—
of his suspicion; and
of the fact that failure to comply with a requirement made under either of those provisions is an offence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section “public place” includes— but does not include licensed premises within the meaning of the Licensing (Scotland) Act 2005 (asp 16).
any place to which the public have access for the time being (whether on payment of a fee or otherwise); and
any place to which the public do not have access but to which the persons mentioned in subsection (1) or (2) have unlawfully gained access,
In this section, “ alcohol ” has the meaning given in section 2 of the Licensing (Scotland) Act 2005 (asp 16).
The enactments mentioned in Schedule 1 to this Act shall have effect subject to the amendments specified therein, being minor amendments and amendments consequential upon the provisions of this Act.
The enactments mentioned in Schedule 3 to this Act are repealed to the extent specified in the third column of that Schedule.
There shall be paid out of money provided by Parliament any expenses incurred—
by the Secretary of State, under—
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Part XA of the 1995 Act (Scottish Criminal Cases Review Commission) (as inserted by section 25 of this Act);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by the Scottish Legal Aid Board under—
section 28A(1) of the 1986 Act (power of Board to employ solicitors for criminal legal assistance) (as inserted by section 50 of this Act); or
section 33A(1) of the 1986 Act (power of Board to enter into contracts for provision of criminal legal assistance) (as inserted by section 52 of this Act); or
by the Lord Advocate under section 60 of this Act.
There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of money so provided under any other Act.
In this Act, unless the context otherwise requires—
“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.
“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993;
“the 1984 Act” means the Mental Health (Scotland) Act 1984;
“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.
“the 1986 Act” means the Legal Aid (Scotland) Act 1986;
“the 1989 Act” means the Prisons (Scotland) Act 1989;
“the 1984 Act” means the Mental Health (Scotland) Act 1984;
This Act may be cited as the Crime and Punishment (Scotland) Act 1997.
This Act, except sections 45 and 46, shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
In an order under subsection (2) above made in respect of any provision of sections 49 to 54 of this Act, or of paragraph 12 of Schedule 1 to this Act—
different days may be appointed for different provisions;
different days may be appointed for different areas; and
different provisions may be brought into force in relation to different areas.
An order under subsection (2) above may contain such transitional and consequential provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the provisions brought into force.
Subject to subsections (6) and (7) below, this Act shall extend to Scotland only.
Section 4(3) and (5) of this Act shall extend to England and Wales, and section 37(4) of this Act shall extend to England and Wales and Northern Ireland.
The amendment or repeal of any enactment by Schedules 1 or 3 to this Act shall have the same extent as the enactment so amended or, as the case may be, repealed.
Section 62(1).
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The Police (Scotland) Act 1967 shall be amended in accordance with this paragraph. Section 6(2) (application of certain provisions to appointments of ranks below assistant chief constable) shall cease to have effect. In section 17 (general functions and duties of constables)— In section 19(3) (amalgamation schemes) for the words from “reimbursed” to the end there shall be substituted the words “ provided for by a grant made to the board under section 32 of this Act ”. In section 41(1)(b)(ii) (penalty for assaults on constables) for the words “section 289B of the Criminal Procedure (Scotland) Act 1975” there shall be substituted the words “ section 225(8) of the Criminal Procedure (Scotland) Act 1995 ”. In section 46(1)(b) (rewards) after the word “agreements” there shall be inserted the words “ or of section 98 of the Police Act 1996 (cross-border aid of one police force by another) ”.
In section 51 of the Firearms Act 1968 (penalties for offences), after subsection (2) there shall be inserted the following subsection—.
Scottish Criminal Cases Review Commission.
The Scottish Criminal Cases Review Commission.
The Sexual Offences (Scotland) Act 1976 shall cease to have effect. This paragraph shall be deemed to have come into force on 1st April 1996 and the Sexual Offences (Scotland) Act 1976 shall for the purposes of the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 be regarded as a repealed enactment within the meaning of that Act.
In Part I of Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (persons ineligible for jury service), in Group B, after paragraph (w) insert—.
In section 3D(1)(b) of the Criminal Justice (Scotland) Act 1980 (interpretation of sections 3A to 3C), for the words “section 3 of this Act” there shall be substituted the words “ section 15(6) of the Criminal Procedure (Scotland) Act 1995 ”.
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The Repatriation of Prisoners Act 1984 shall be amended in accordance with this paragraph. In section 2(4)(b) (transfer of prisoners out of the United Kingdom)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 13 of the Foster Children (Scotland) Act, for the words “section 47 of the Children and Young Persons (Scotland) Act 1937” to the end there shall be substituted the words “ section 55 of the Children (Scotland) Act 1995 (child assessment orders) as giving the local authority reasonable cause for the suspicion mentioned in subsection (1)(a) of that section ”.
The Legal Aid (Scotland) Act 1986 shall be amended in accordance with this paragraph. In section 4 (Scottish Legal Aid Fund)— In section 11 (clients’ contributions)— In section 12 (payment of fees or outlays otherwise than through clients’ contributions)— In section 21 (scope and nature of criminal legal aid), in subsection (1)(aa), for the word “discretionary” there shall be substituted the word “ designated ”. and, in relation to paragraph (dc) above, “accused person” includes a person authorised to institute or continue an appeal under section 303A(4) of the Criminal Procedure (Scotland) Act 1995 (transfer of rights of appeal of deceased person). After section 25 (legal aid in appeals) there shall be inserted the following section—. In section 31 (solicitors and counsel)— In section 33 (fees and outlays of counsel and solicitors), in subsection (1), at the beginning there shall be inserted the words “ Subject to subsections (3A) and (3B) below, ”. In section 41 (interpretation)—
The Prisons (Scotland) Act 1989 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 27(5) (power of the Secretary of State to discharge prisoners not to affect duties of medical officer) (so far as that subsection continues to have effect by virtue of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (existing provisions which continue to have effect in relation to prisoners sentenced before 1st October 1993)) for the word “the”, where it occurs for the second time, there shall be substituted the word “ any ”.
The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended in accordance with this paragraph. In section 1 (release of prisoners)— In section 2 (duty to release discretionary life prisoners)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 10 (life prisoners transferred to Scotland)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 12(3) (insertion, variation and cancellation of conditions in licences)— In section 14 (supervised release orders)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 27(1) (interpretation), in the definition of “supervised release order” the words “(as inserted by section 14 of this Act)” shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 6 (transitional provisions and savings)—
In section 110 of the Criminal Justice and Public Order Act 1994 (modifications of the Prisons (Scotland) Act 1989 in its application to contracted out prisons)—
in subsection (3) for the words “and 41B(3) (testing prisoners for drugs)” there shall be substituted the words “ , 41B(3) (testing prisoners for drugs) and 41C(3) (testing prisoners for alcohol) ”; and
in subsection (4) for the words “and 41B(1)(testing prisoners for drugs)” there shall be substituted the words “ , 41B(1) (testing prisoners for drugs) and 41C(1) (testing prisoners for alcohol) ”.
Section 66 of the Criminal Justice (Scotland) Act 1995 shall cease to have effect.
In Schedule 4 to the Children (Scotland) Act 1995, paragraph 35(6) shall cease to have effect.
The Criminal Law (Consolidation) (Scotland) Act 1995 shall be amended in accordance with this paragraph. In section 5 (unlawful sexual intercourse with a girl under the age of 13 years)— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 19(3) (vehicles in relation to which certain offences relating to alcohol at sporting events may be committed), for the word “principle” there shall be substituted the word “ principal ”. In section 21 (police powers in relation to control of alcohol etc. at sporting events), in paragraph (e), after sub-paragraph (ii) there shall be inserted the following sub-paragraph—; or . In section 23 (interpretation of Part II), after the definition of “keeper” there shall be inserted the following definition—. In section 26(11) (interpretation of powers of Customs and Excise officers to detain persons in connection with drug smuggling) for the definition of superior officer there shall be substituted the following definition—. In section 45(1) (aiding and abetting offences under section 44), for the word “principle” there shall be substituted the word “ principal ”.
The Criminal Procedure (Consequential Provisions)(Scotland) Act 1995 shall be amended in accordance with this paragraph. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In Schedule 4 (minor and consequential amendments)—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The 1995 Act shall be amended as follows. In section 15 (rights of persons arrested or detained), in subsection (6)(b), for the words “actual custody” there shall be substituted the word “ care ”. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 46 (presumption and determination of age of child)— In section 53 (power to make interim hospital order)— In section 58 (hospital orders)— In section 62(6)(b) (disposal in appeals by accused in cases involving insanity), for the words “or order” there shall be substituted the words “ , order or other disposal ”. In section 63 (appeals by prosecutor in cases involving insanity)— In section 65 (prevention of delay), after subsection (3) there shall be inserted the following subsection—. In section 74(4) (disposal of appeals in connection with preliminary diets)— In section 81(6) (list of jurors where trial does not take place)— In section 83 (transfer of sheriff court solemn proceedings)— In section 103 (appeal sittings)— In subsection (1)(b) of section 104 (power of High Court in appeals) the word “additional” shall cease to have effect. In section 107(4) (application where leave to appeal refused), for the words “subsection (7)” there shall be substituted the words “ subsection (10) ”. In section 113(2)(c) (recipients of copy of judge’s report) for the words “section 124(3) of this Act, to the Secretary of State” there shall be substituted the words “ Part XA of this Act, to the Commission ”. In section 118 (disposal of appeals)— In section 124 (finality of proceedings and Secretary of State’s reference)— In section 141 (manner of citation)— In section 179(2) (stated case: adjustment and signature) the word “additional” shall cease to have effect. In subsection (5)(b) of section 182 (stated case: hearing of appeal) the word “additional” shall cease to have effect. In subsection (1)(b) of section 189 (disposal of appeal against sentence) the word “additional” shall cease to have effect. In section 199 (power to mitigate penalties), in subsection (3) after paragraph (b) there shall be inserted the following paragraph—; or . In section 202(1) (deferral of sentence) at the beginning there shall be inserted the words “ Subject to section 205A of this Act, ”. In section 207(2) (detention of young offenders)— In section 209 (supervised release orders), after subsection (7) there shall be inserted the following subsection—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 234A (non-harassment orders), subsection (5) shall cease to have effect. In section 246(1) (admonition), at the beginning, there shall be inserted the words “ Subject to sections 205A and 205B of this Act, ”. In section 280 (routine evidence), in subsection (6)(b), for the words “the accused” there shall be substituted the word “ he ”. In section 298 (trial judge’s report)— In section 307(1) (interpretation)— In Schedule 4 (supervision and treatment orders)—
In this Schedule— In subparagraph (1) above, the definitions of new offence, new sentence, old offence and old sentence shall have effect notwithstanding that conviction and sentence may occur after the Chapter comes into force. In relation to default in paying a fine, the date on which sentence is passed shall be taken to be, in relation to imprisonment imposed—
Where, by virtue of the provisions of this Schedule, a prisoner is treated as serving— in both cases subject to any specific provision made in this Schedule.
a new sentence, the new provisions will apply in respect of him;
an old sentence, the existing provisions will apply in respect of him,
For the purposes of this Schedule, where additional days have been awarded to, or days of remission have been forfeited by, a prisoner serving an old sentence, the period which he is required to serve in respect of that sentence shall be computed without regard to those days, and he shall serve those days—
after that period has come to an end; and
before starting to serve any new sentence of imprisonment which is to run consecutively to that old sentence.
Where any combination of old and new sentences is to run, either consecutively or concurrently, in relation to a prisoner, any supervised release order imposed under any of those sentences shall begin on the date when he is released; and where there is more than one such order he shall be subject to whichever of them is the longer or, as the case may be, the longest.
Where a single sentence is passed in respect of a number of offences committed on different days, for the purposes of this Schedule the sentence shall be deemed to have been passed in respect of the offence or offences committed on the latest of those days.
Subject to paragraph 8 below, where a new sentence is to run consecutively to an old sentence, the new sentence shall begin—
where the old sentence was or is for less than four years, at the expiry of one half of that sentence; and
subject to paragraph 7 below, where the old sentence was or is for four years or more, at the expiry of two thirds of that sentence
Where, in a case to which paragraph 6(b) above applies, the Parole Board have, prior to the passing of the new sentence, recommended that the prisoner be released on licence on a date— the new sentence shall begin on such date as the Secretary of State may, after considering any further recommendation of the Parole Board, determine, being a date not later than the expiry of two thirds of the sentence.
earlier than the expiry of two thirds of that sentence; and
later than the date on which the new sentence is passed,
Where a new sentence is to run consecutively to an old sentence and the prisoner concerned is in prison—
because he has been recalled to prison by the Secretary of State, the new sentence shall begin, where he is recalled—
after the expiry of one half and before the expiry of two thirds of the old sentence, at the expiry of two thirds of that sentence;
after the expiry of two thirds of the old sentence, at the expiry of the old sentence;
in either of the cases mentioned in sub-paragraphs (i) and (ii) above, and the Parole Board has directed his release under section 17(4) of the 1993 Act or has recommended his release under section 28(5) of the 1989 Act, on the date on which he would, by virtue of that direction or recommendation and but for the new sentence, have been released;
as a result of an order made under section 16 of the 1993 Act (commission of offence by released prisoner), the new sentence shall begin on the date on which the return period determined by that order expires;
both because he has been recalled by the Secretary of State and returned as a result of an order made under section 16 of the 1993 Act, the new sentence shall begin on the expiry of whichever of the recall period and the order period ends later.
Where any combination of old and new sentences is to run consecutively in relation to a prisoner and— there remains outstanding part of any licence period in respect of an old sentence, he shall, in accordance with the existing provisions, be subject to that licence for that part of that period.
after the expiry of any supervised release order such as is mentioned in paragraph 4 above; or
where he is not subject to any such supervised release order, on his release,
Where any combination of old and new sentences is to run consecutively in relation to a prisoner and—
the last of those sentences is a new sentence, he shall, in addition to any supervised release order or licence period, be subject to the new provisions in relation to that new sentence; and
the last of those sentences is an old sentence, he shall, in addition to any supervised release order or licence period, be subject to the existing provisions in relation to that old sentence.
In calculating a licence period for the purposes of paragraphs 9 and 10 above any period less than three months shall be disregarded.
Where a prisoner serving an old sentence of four years or more— before the expiry of that old sentence, he shall begin to serve the new sentence immediately on its being passed or on such other date as the court may specify.
has been released on licence; and
receives a new sentence,
Where an old sentence is to run consecutively to a new sentence, the prisoner concerned shall begin to serve the old sentence on the date when he would otherwise have been released from the new sentence.
Where any combination of old and new sentences is to run concurrently, in relation to a prisoner, he shall be treated as if he is serving whichever of them will, as at the date on which the latest of them is passed, give rise to the later or, as the case may be, latest release date and, for the purposes of this paragraph, “release date” means—
in the case of an old sentence—
one half of a sentence of less than four years; and
two thirds of a sentence of four years or more; and
in the case of a new sentence, the whole term.
If, by virtue of paragraph 14 above, the prisoner is to be treated as serving an old sentence, and— the prisoner concerned shall, as at the date when he begins to be treated as serving the new sentence, be deemed to have been awarded as many early release days as possible in relation to the period during which he was treated as serving the old sentence, (under deduction of any additional days which may have been awarded to him, or days of remission which may have been forfeited by him, during that period).
that sentence is either quashed or reduced to a period shorter than the concurrent new sentence on appeal; or
a new sentence to which he is subject is increased on appeal to a period longer than the concurrent old sentence,
This paragraph applies where a prisoner who is being held on remand in respect of both an old offence and a new offence is, in consequence of the same act or omission— Where the prisoner receives— Where the prisoner receives both an old and a new sentence which are to run—
Section 62(2). Chapter Short title Extent of repeal 1967 c.77. The Police (Scotland) Act 1967. Section 6(2). 1968 c.49. The Social Work (Scotland) Act 1968. In section 27(1)(b), the word “and” where it appears after subparagraph (iv). 1976 c.67. The Sexual Offences (Scotland) Act 1976. The whole Act. 1984 c.36. The Mental Health (Scotland) Act 1984. In section 65(2), the words after paragraph (b). In section 70(1), the words “(not being a private hospital)”. 1984 c.47. The Repatriation of Prisoners Act 1984. In section 3(9), the words “or section 10” in the second place where they occur. 1989 c.45. The Prisons (Scotland) Act 1989. In section 3(1), the words from “including” to the end. . . . 1993 c.9. The Prisoners and Criminal Proceedings (Scotland) Act 1993. . . . In section 2(2), the word “and”. . . . . . . . . . . . . . . . . . . In section 14, in subsection (2), the words from the beginning to “209(1) of the 1995 Act”. . .. . . . . . . . . . . . . In section 27, in subsection (1), . . . in the definition of “supervised release order” the words “(as inserted by section 14 of this Act)”. . ., . . .. . . . 1993 c.24. The Video Recordings Act 1993. Section 5. 1995 c.20. The Criminal Justice (Scotland) Act 1995. Section 66. 1995 c.25. The Environment Act 1995. In Schedule 22, paragraph 35. 1995 c.36. The Children (Scotland) Act 1995. In Schedule 4, paragraph 35(6). 1995 c.40. The Criminal Procedure (Consequential Provisions) (Scotland) Act 1995. . . . In Schedule 4, paragraphs 6(4)(a) and (d), 16, 50(7)(b) and 53(3). 1995 c.46. The Criminal Procedure (Scotland) Act 1995. In section 18, subsection (7). In section 19(4)(b), the words “, print or impression”. In section 44, in subsection (4), the words “, subject to subsection (6) below,”, subsections (6) to (9) and in subsection (10), the words “or (8)”. In section 53, in subsection (1), the words “subsection (2) below and”, and subsection (2). In section 63, subsection (1)(d) and in subsection (2)(b)(ii) the words “or (d)”. In section 74(4), the word “and” after paragraph (a). In section 81(6), the word “, signed”. In section 85(1), the words from “but” to the end. Section 101(5). In section 104(1)(b), the word “additional”. In section 118(4)(b), the word “additional”. In section 124, subsections (3) to (5). Section 140(3). In section 141(3), the words “signed by the prosecutor and”. Section 154. In section 179(2), the word “additional”. In section 182(5)(b), the word “additional”. In section 189(1)(b), the word “additional”. In section 204(2), the words from “and” to the end. In section 234A, subsection (5). In section 252(2), the word “and”, in the third place where it occurs.