Criminal Justice (Scotland) Act 1995

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

(2) In section 11(3)(b) (duration of licence), for the words from “the” in the second place where it occurs to the end there shall be substituted— “there has elapsed—

(i) a period (reckoned from the date on which he was ordered to be returned to prison under or by virtue of subsection (2)(a) of that section) equal in length to the period between the date on which the new offence was committed and the date on which he would (but for his release) have served the original sentence in full; or

(ii) subject to subsection (4) below, a total period equal in length to the period for which he was so ordered to be returned to prison together with, so far as not concurrent with that period, any term of imprisonment to which he was sentenced in respect of the new offence,

whichever results in the later date.

(4) In subsection (3)(b) above, “the original sentence” and “the new offence” have the same meanings as in section 16 of this Act.”.

(3) For section 16(7) (application of early release provisions where further offence committed by released prisoner) there shall be substituted the following subsection—

“(7) Where an order under subsection (2) or (4) above is made in respect of a person released on licence—

(a) the making of the order shall have the effect of revoking the licence; and

(b) if the sentence comprising—

(i) the period for which the person is ordered to be returned to prison; and

(ii) so far as not concurrent with that period, any term of imprisonment to which he is sentenced in respect of the new offence,

is six months or more but less than four years, section 1(1) of this Act shall apply in respect of that sentence as if for the word “unconditionally” there were substituted the words “on licence”.”.

(4) In section 18(1) (breach of supervised release order), for the words from the beginning to “by” where it second occurs, there shall be substituted “Where it appears to the court which imposed a supervised release order on a person, on information from”.

(5) In section 28(3) (destruction of prints and impressions), the words “or 384(1) (probation)” shall cease to have effect.

(6) In section 33 (evidence of children on commission)—

(a) in subsection (1), the words from the beginning to “and” where it first occurs shall cease to have effect; and

(b) after subsection (3) there shall be inserted the following subsection—

“(4) Subsections (2) to (4), (5A) and (6) of section 32 of the 1980 Act (evidence by letter of request or on commission) shall apply to an application under subsection (1) above and evidence taken by a commissioner appointed under that subsection as those subsections apply to an application under subsection (1) of that section and evidence taken by a commissioner appointed on such an application.”.

(7) In section 34 (concealment by screen of accused from child giving evidence), after the word “been” there shall be inserted “or is likely to be”.

(8) In Schedule 3 (documentary evidence in criminal proceedings), in paragraph 6(4), for the words “after the close of that party’s evidence and” there shall be substituted “at any time”.