The Criminal Justice (Scotland) Act 2003 (Commencement No. 6) Order 2005

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 4th October 2005 sections 2(a), 7 to 10 and 41 of, and paragraph 1(3)(b) of Schedule 1 to, the Criminal Justice (Scotland) Act 2003.

Section 2(a) amends section 57 of the Criminal Procedure (Scotland) Act 1995 so as to allow the court to make an interim hospital order as an additional form of disposal where an accused person is found to be insane. The relevant provision of section 57 falls to be further amended by paragraph 8(3)(a)(iii) of Schedule 4 to the Mental Health (Care and Treatment) (Scotland) Act 2003. By virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Commencement No. 4) Order 2005 (S.S.I. 2005/161), this paragraph will be brought into force on 5th October 2005.

Sections 7 to 9 make provision as to the preparation, implementation and review of Risk Management Plans (RMPs). Section 10 enables the Scottish Ministers to make grants to local authorities in connection with RMPs.

Section 41 inserts a new section 26B into the Prisoners and Criminal Proceedings (Scotland) Act 1993 to provide that the Parole Board, when considering the case of an offender in respect of whom there is a RMP, must have regard to that plan.

Paragraph 1(3)(b) of Schedule 1 inserts the definitions of “order for lifelong restriction” and “risk management plan” into section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993.