Part VI MISCELLANEOUS

76 Life prisoners transferred to Scotland.

1

The Prisoners and Criminal Proceedings (Scotland) Act 1993 shall be amended as follows.

2

In section 10 (life prisoners transferred to Scotland)—

a

in subsection (1), the words “(whether before or after the commencement of this section)” shall cease to have effect;

b

in subsection (2), after “life prisoner” insert “ , except such case as is mentioned in paragraph 7 of Schedule 6 to this Act, ”; and

c

in subsection (4)—

i

in paragraph (a), after “has” insert “ (whether before or after the commencement of this section) ”; and

ii

in paragraph (b), after “Scotland” insert “ (whether before or after that commencement) ”.

3

In Schedule 6 (transitional provisions and savings)—

a

in paragraph 1, in the definition of “existing life prisoner”, after “person” insert “ (other than a transferred life prisoner) ”;

b

in paragraph 2(1), for “paragraph 7 below” substitute “ to section 10(4) of this Act ”; and

c

for paragraph 7 substitute—

7

In the case of a transferred life prisoner who is a discretionary life prisoner for the purposes of Part II of the M1Criminal Justice Act 1991 by virtue of section 48 of or paragraph 9 of Schedule 12 to that Act, subsection (3) of section 10 of this Act applies and the certificate mentioned in paragraph (b) of that subsection is the certificate under the said section 48 or paragraph 9.