PART XI Sentencing

F1Order for lifelong restriction etc.

Annotations:
Amendments (Textual)
F1

Ss. 210B-210H and cross-headings inserted (19.6.2006 for specified purposes) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1, 89 (as amended with regards to ss. 210B, 210D and 210G (27.9.2005) by S.S.I. 2005/465, art. 2, Sch. 1 para. 34(2)); S.S.I. 2006/332, art. 2

210FOrder for lifelong restriction

1

The High Court, at its own instance or on the motion of the prosecutor, if it is satisfied, having regard to—

a

a risk assessment report submitted under section 210C(4) or (5) of this Act;

b

any report submitted by virtue of section 210D of this Act;

c

any evidence given under section 210C(7) of this Act; and

d

any other information before it,

that, on a balance of probabilities, the risk criteria are met, shall make an order for lifelong restriction in respect of the convicted person.

2

An order for lifelong restriction constitutes a sentence of imprisonment, or as the case may be detention, for an indeterminate period.

3

The prosecutor may, on the grounds that on a balance of probabilities the risk criteria are met, appeal against any refusal of the court to make an order for lifelong restriction.