- Latest available (Revised)
- Point in Time (25/06/2004)
- Original (As enacted)
Point in time view as at 25/06/2004. This version of this schedule contains provisions that are not valid for this point in time.
There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 2003, SCHEDULE 1.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Valid from 04/10/2005
(introduced by section 1(2))
1(1)The 1993 Act is amended in accordance with this paragraph.S
(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);”.
Commencement Information
I1Sch. 1 para. 1 wholly in force at 19.6.2006; para. 1 not in force at Royal Assent, see s. 89(2); para. 1(3)(b) in force at 4.10.2005 by S.S.I. 2005/433, art. 2; para. 1 in force otherwise at 19.6.2006 by S.S.I. 2006/332, art. 2 (for the purposes there specified)
Valid from 19/06/2006
2(1)The 1995 Act is amended in accordance with this paragraph.S
(2)In section 69 (notice of previous convictions)—
(a)after subsection (4) there is inserted—
“(4A)A notice served under subsection (2) or (4) above shall include any details which the prosecutor proposes to provide under section 101(3A) of this Act; and subsection (3) above shall apply in relation to intimation objecting to the provision of such details, on the grounds that they do not apply to the accused or are otherwise inadmissible, as it applies in relation to intimation objecting to a conviction.”; and
(b)in subsection (5), after the word “section” there is inserted “ , or to the provision of such details as are, by virtue of subsection (4A) above, included in a notice so served, ”.
(3)In section 101 (previous convictions: solemn proceedings)—
(a)in subsection (3), the existing words “for sentence” become paragraph (a); and after that paragraph there is inserted the word “ ; or ” and the following paragraph—
“(b)for a risk assessment order (or the court at its own instance proposes to make such an order)”; and
(b)after that subsection there is inserted—
“(3A)Where, under paragraph (b) of subsection (3) above, the prosecutor lays previous convictions before the judge, he shall also provide the judge with such details regarding the offences in question as are available to him.”.
(4)In section 106(1) (right of appeal), after paragraph (b) there is inserted—
“(ba)against the making of an order for lifelong restriction;”.
(5)In section 195(1) (sheriff’s duty in certain circumstances to remit convicted person to High Court for sentence), after—
(a)the word “inadequate” there is inserted “ or it appears to him that the criteria mentioned in section 210E of this Act (that is to say, the risk criteria) may be met ”; and
(b)the words “so that” there is inserted “ , in either case, ”.
(6)In section 204(2A) (restrictions on passing sentence of imprisonment or detention), after the word “court” there is inserted “ , unless it has made a risk assessment order in respect of the person, ”.
(7)In section 307(1) (interpretation), the following definitions are inserted at the appropriate places—
““order for lifelong restriction”means an order under section 210F(1) of this Act;”
““risk assessment order”means an order under section 210B(2) of this Act;”
““risk assessment report”has the meaning given by section 210B(3)(a) of this Act;”.
Commencement Information
I2Sch. 1 para. 2 in force at 19.6.2006 by S.S.I. 2006/322, art. 2 (for the purposes there specified)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: