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Prisoners and Criminal Proceedings (Scotland) Act 1993
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- Act power to modify conferred by 2006 asp 10 s. 94(3)(4)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3AA inserted by 2005 asp 14 s. 15(5)
- s. 3AA(3) text amended by S.S.I. 2008/126 art. 2
- s. 12A 12B inserted by 2003 asp 7 s. 35(3)
- s. 12B(4) inserted by 2005 asp 14 s. 15(11)
- s. 12AA 12AB inserted by 2005 asp 14 s. 15(10)
- s. 17A inserted by 2005 asp 14 s. 15(13)
- s. 26B inserted by 2003 asp 7 s. 41
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/950 art. 2-4 commences (2003 c. 44)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2008/1586 art. 2 Sch. 1 commences (2008 c. 4)
- S.S.I. 2003/288 art. 2 Sch. commences (2003 asp 7)
- S.S.I. 2003/439 art. 2 3 Sch. commences (This SSI is revoked by SSI 2003/475)
- S.S.I. 2003/475 art. 2 3 Sch. commences (This SSI revokes SSI 2003/439)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2005/433 art. 2 commences (2003 asp 7)
- S.S.I. 2006/48 art. 3 Sch. commences (2005 asp 14)
- S.S.I. 2006/85 art. 1 commences (2003 asp 7)
- S.S.I. 2006/331 art. 3 commences (2005 asp 14)
- S.S.I. 2006/332 art. 2 commences (2003 asp 7)
- S.S.I. 2007/84 art. 3 commences (2006 asp 10)
- S.S.I. 2008/21 art. 2 commences (2005 asp 14)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
MiscellaneousS
22 Place of confinement of prisoners.S
For section 10 of the 1989 Act (place of confinement of prisoners) there shall be substituted the following section—
“10 Place of confinement of prisoners.
(1)A prisoner may be lawfully confined in any prison.
(2)Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct, and may be moved by the Secretary of State from any prison to any other prison.
(3)The foregoing provisions of this section are without prejudice to section 11 of this Act and section 241 of the [F11995 Act] (transfer of prisoner in connection with hearing of appeal).”.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F1Words in s. 22 substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)
23 Transfer of young offenders to prison or remand centre.S
After section 20 of the 1989 Act there shall be inserted the following section—
“20A Transfer of young offenders to prison or remand centre.
(1)Subject to section 21 of this Act, an offender sentenced to detention in a young offenders institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.
(2)The Secretary of State may from time to time direct that an offender sentenced to detention in a young offenders institution shall be detained in a prison or remand centre instead of in a young offenders institution, but if the offender is under 18 years of age at the time of the direction, only for a temporary purpose.
(3)Where an offender is detained in a prison or remand centre by virtue of subsection (2) above, any rules under section 39 of this Act which apply in relation to persons detained in that place shall apply to that offender; but subject to the foregoing and to subsection (4) below, the provisions of the [F21995 Act], the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of persons sentenced to detention in a young offenders institution shall continue to apply to the offender.
(4)Where an offender referred to in subsection (3) above attains the age of 21 years, subsection (3) of section 21 of this Act shall apply to him as if he had been transferred to prison under that section.”.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Amendments (Textual)
F2Words in s. 23 substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)
24 Additional days for disciplinary offences.S
The following subsection shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions)—
“(7)Rules made under this section may provide for the award of additional days, not exceeding in aggregate one-sixth of the prisoner’s sentence—
(a)to a short-term or long-term prisoner within the meaning of Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; or
(b)conditionally on his eventually becoming such a prisoner, to a person remanded in custody,
where he is guilty, under such rules, of a breach of discipline.”.
25 Provision in prison rules for directions.S
The following subsections shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions) after the subsection added by section 24 of this Act—
“(8)Without prejudice to any power to make standing orders or to issue directions or any other kind of instruction, rules made under this section may authorise the Secretary of State to supplement the rules by making provision by directions for any purpose specified in the rules; and rules so made or directions made by virtue of this subsection may authorise the governor, or any other officer, of a prison, or some other person or class of persons specified in the rules or directions, to exercise a discretion in relation to the purpose so specified.
(9)Rules made under this section may permit directions made by virtue of subsection (8) above to derogate (but only to such extent, or in such manner, as may be specified in the rules) from provisions of rules so made and so specified.
(10)Any reference, however expressed, in any enactment other than this section to rules made under this section shall be construed as including a reference to directions made by virtue of subsection (8) above.
(11)Directions made by virtue of subsection (8) above shall be published by the Secretary of State in such manner as he considers appropriate.”.
26 Further amendment of Mental Health (Scotland) Act 1984.S
In section 73 of the M1Mental Health (Scotland) Act 1984, subsection (3) (which provides for the continued detention in hospital of persons moved there by virtue of a transfer order while awaiting trial etc. even where that order has ceased to have effect) shall cease to have effect.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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