- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Prisoners and Criminal Proceedings (Scotland) Act 1993. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(a)sentenced to life imprisonment for an offence for which, subject to paragraph (b) below, such a sentence is not the sentence fixed by law; [F4or
(ab)who is subject to an order for lifelong restriction in respect of an offence,]
(b)whose sentence was imposed under section 205A(2) of the 1995 Act (imprisonment for life on further conviction for certain offences); F6. . .
F6(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in respect of whom the court whichsentenced him for that offence made the order mentioned in subsection (2) below.
(2)The order referred to in [F7subsection (1)] above is an order that subsections (4) and (6) below shall apply to the F2. . . life prisoner as soon as he has served such part of his sentence ([F8the punishment part]) as is specified in the order, being such part as the court considers appropriate [F9to satisfy the requirements for retribution and deterrence (ignoring the period of confinement, if any, which may be necessary for the protection of the public),] taking into account—
(i)the period of imprisonment, if any, which the court considers would have been appropriate for the offence had the court not sentenced the prisoner to imprisonment for life [F14, or as the case may be not made the order for lifelong restriction,] for it;
(ii)the part of that period of imprisonment which the court considers would satisfy the requirements of retribution and deterrence (ignoring the period of confinement, if any, which may be necessary for the protection of the public); and
(iii)the proportion of the part mentioned in sub-paragraph (ii) above which a prisoner sentenced to it would or might serve before being released, whether unconditionally or on licence, under section 1 of this Act;]
(c)where appropriate, the matters mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.]
[F16(3)A court which imposes life imprisonment for an offence such as is mentioned in subsection (1) above [F17or makes an order for lifelong restriction] shall make such order as is mentioned in subsection (2) above and such order shall constitute part of a person’s sentence within the meaning of the 1995 Act for the purposes of any appeal or review.
(3A)An order such as is mentioned in subsection (2) above—
(a)shall specify the period that the court considers appropriate under that subsection in years and months; and
(b)may specify any such period of years and months notwithstanding the likelihood that such a period will exceed the remainder of the prisoner’s natural life.]
(4)Where this subsection applies, the Secretary of State shall, if directed to do so by the Parole Board, release a F2. . . life prisoner on licence.
(5)The Parole Board shall not give a direction under subsection (4) above unless—
(a)the Secretary of State has referred the prisoner’s case to the Board; and
(b)the Board is satisfied that it is no longer necessary for the protection of the public that the prisoner should be confined.
[F18(5A)Where, on the disposal of any reference of a life prisoner’s case under section 28(4) of the 1989 Act, under subsection (5)(a) above, subsection (5C) or (6) below or section 17(3) of this Act or under paragraph 34, 38 or 42 of the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), the Parole Board declines to direct that the prisoner be released on licence, it shall—
(a)give the prisoner reasons in writing for the decision not to direct his release on licence; and
(b)fix the date when it will next consider the prisoner’s case under this section, being [F19, subject to subsections (5AB) to (5AD) below,] a date not later than two years after the date of its decision to decline to direct the release of the prisoner.
[F20(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.]
(5B)The Scottish Ministers shall refer the case of a life prisoner to the Parole Board so as to enable it to consider the case on the date fixed by the Board under subsection (5A)(b) [F21, (5AB) or (5AC)] above.
(5C)The Parole Board, at the request of a life prisoner in respect of whom it has, under subsection (5A)(b) [F21, (5AB) or (5AC)] above, fixed the date of the next consideration of his case, may direct the Scottish Ministers to refer that case to the Board before that date.]
[F23(6A)The Scottish Ministers shall not refer the case of a life prisoner to the Parole Board under subsection (6) above if—
(a)they have previously so referred his case to the Board under that subsection;
(b)they have referred his case to the Board without the prisoner requiring them to do so under that subsection; or
(c)the Parole Board has, on a reference to it under section 28(4) of the 1989 Act, under section 17(3) of this Act or under paragraph 34, 38 or 42 of the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), declined to direct that the prisoner be released on licence.]
[F24(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.]
(8)In determining for the purposes of subsection (4) or (6) above whether a F2. . . life prisoner has served the [F25punishment] part of his sentence, no account shall be taken of any time during which he was unlawfully at large.
(9)Where a life prisoner is serving [F26or is liable to serve] two or more sentences of imprisonment for life—
F27(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)notwithstanding the terms of any order under subsection (2) above, subsections (4) and (6) above shall not apply to him until he has served the [F25punishment] part of each of those sentences; and
(c)he shall, if released on licence under subsection (4) above, be so released on a single licence.
[F28(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.]
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.
Modifications etc. (not altering text)
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.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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: