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)