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Criminal Procedure (Consequential Provisions) (Scotland) Act 1995
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- 1995 c. 40
- SCHEDULE 4
- Prisons (Scotland) Act 1989 (c. 45)
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/333 art. 2 commences (2002 c. 29)
- S.I. 2003/3142 art. 2-4 commences (2002 c. 11 and 2003 c. 21)
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2122 art. 2 amendment to earlier commencing SI 2005/950 Sch. 2 para. 23
- S.I. 2006/560 art. 2 Sch. commences (2004 c. 35)
- S.I. 2007/3495 art. 2-5 8 commences (2006 c. 46)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2010/815 art. 2 commences (2009 c. 10)
- S.I. 2011/777 art. 2 commences (2010 c. 33)
- S.S.I. 2003/210 art. 2 commences (2002 c. 29)
- S.S.I. 2004/176 art. 2 commences (1997 c. 48)
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
- S.S.I. 2005/174 art. 2 commences (2004 asp 15)
- S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
- S.S.I. 2005/392 art. 2 commences (2005 asp 5)
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/432 art. 2(h) commences (2006 asp 10)
- S.S.I. 2007/434 art. 2 commences (2006 c. 48)
- S.S.I. 2007/472 arts. 2 3 Sch. 1 2 commences (2005 asp 16)
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
Prisons (Scotland) Act 1989 (c. 45)S
75(1)The Prisons (Scotland) Act 1989 shall be amended as follows.S
(2)In subsection (1) of section 11 (removal of prisoners for judicial and other purposes), for the words “section 279 of the 1975 Act” there shall be substituted the words “ section 132 of the 1995 Act ”.
(3)In subsection (3) of section 21 (transfer to prison of young offenders) for the words “the 1975 Act” where they first occur there shall be substituted the words “ the 1995 Act ”.
(4)In section 39 (prison rules)—
(a)in subsection (5), for the words “section 279 of the 1975 Act” there shall be substituted the words “ section 132 of the 1995 Act ”; and
(b)in subsection (7), for the words “section 206 of the 1975 Act” there shall be substituted the words “ section 208 of the 1995 Act ”.
(5)For subsection (3) of section 40 (persons unlawfully at large) there shall be substituted the following subsection—
“(3)In this section—
(a)any reference to a person sentenced to imprisonment shall be construed as including a reference to any person sentenced or ordered to be detained under section 44, 205 or 208 of the 1995 Act;
(b)any reference to a prison shall be construed as including a reference to a place where the person is liable to be detained under the sentence or order; and
(c)any reference to a sentence shall be construed as including a reference to an order under the said section 44.”
(6)After section 40 there shall be added the following section—
“40A Warrants for arrest of escaped prisoners.
(1)On an application being made to a justice alleging that any person is an offender unlawfully at large from a prison or other institution to which this Act or, as the case may be, the Prison Act 1952 or the Prison Act (Northern Ireland) 1953 applies in which he is required to be detained after being convicted of an offence, the justice may issue a warrant to arrest him and bring him before any sheriff.
(2)Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied that he is an offender unlawfully at large as mentioned in subsection (1) above, order him to be returned to the prison or other institution where he is required or liable to be detained.”
(7)In subsection (1) of section 43 (interpretation) for the definition of “the 1975 Act” there shall be substituted the following—
““the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;”.
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