- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)The 1993 Act is amended as follows.
(2)In section 2 (which provides, among other things, for consideration by the Parole Board of whether a life prisoner should be released on licence)—
(a)in subsection (5A)(b), after the word “being” there is inserted “, subject to subsections (5AB) to (5AD) below,”;
(b)after that subsection there is inserted—
“(5AB)Where a reference has been made to the Parole Board under any of the provisions mentioned in subsection (5A) above and the prisoner receives another sentence of imprisonment (whether for life or for a term) before a date has been fixed for considering his case, the Board shall, if he would not be eligible for release from the other sentence on the date which would (apart from this subsection) have been fixed for considering his case, fix a date (other than that date) for considering his case.
(5AC)Where, at any time after such a reference has been made—
(a)a date has been fixed for considering the prisoner’s case; or
(b)following the disposal of the reference, a date has been fixed under subsection (5A)(b) above,
and, before that date, the prisoner receives any other sentence of imprisonment (whether for life or for a term), the Board shall, if he would not be eligible for release from any such other sentence on that date, fix a different date for considering his case (and where he receives any further sentence of imprisonment from which he would not be eligible for release on that different date, the Board shall fix a further different date).
(5AD)Any date fixed under subsection (5AB) or (5AC) above shall—
(i)the date on which the prisoner would be eligible to be released, or considered for release, from all such other sentences (subject to any change to the date on which he would be so eligible); or
(ii)a date as soon as practicable after that date; and
(b)replace any date previously fixed for considering the prisoner’s case.”;
(i)subsection (5B); and
after the words “subsection (5A)(b)” there is in each case inserted “, (5AB) or (5AC)”;
(d)for subsection (7) there is substituted—
“(7)No requirement shall be made under subsection (6) above by a life prisoner who is also serving or liable to serve a sentence of imprisonment for a term, before he has served the appropriate part of the term.
(7A)The appropriate part of the term is—
(a)one half, where the term is—
(i)less than 4 years; or
(ii)4 years or more and is imposed by a sentence of imprisonment on conviction of an offence; or
(b)two thirds, where the term is 4 years or more and is a term of imprisonment or detention mentioned in section 5(1)(a) or (b) of this Act.
(7B)Section 5(1) of this Act, in so far as relating to the construction of references to sentences of imprisonment, does not apply to subsection (7A)(b) above.”; and
(e)in subsection (9), after the word “serving” there is inserted “or is liable to serve”.
(3)In section 5(1) (which applies, with modification, the provisions of the 1993 Act concerning persons sentenced to imprisonment, or detention, on conviction of an offence to persons on whom imprisonment, or detention, has been imposed for non-payment of fine or for contempt of court), for the words “section 1(8)” there is substituted “sections 1(8) and 2(7B)”.
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.
Text created by the Scottish Executive department responsible for the subject matter of the Act 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:
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: