Crime and Punishment (Scotland) Act 1997

1 Imprisonment for life on further conviction for certain offences

(1) After section 205 of the 1995 Act there shall be inserted the following section—

“205A Imprisonment for life on further conviction for certain offences

(1) This section applies where a person—

(a) is convicted on indictment in the High Court of a qualifying offence committed after the relevant date; and

(b) at the time when the offence mentioned in paragraph (a) above was committed, he had attained the age of at least 18 years and had a conviction for a qualifying offence which was obtained on indictment in the High Court or for any relevant offence, irrespective of—

(i) whether that offence was committed before or after the relevant date; and

(ii) his age at the time of the commission of that offence.

(2) Subject to subsection (3) below, where this section applies the High Court shall sentence the person—

(a) where he has attained the age of 21 years, to imprisonment for life;

(b) where he has attained the age of 18 years but is under the age of 21 years, to be detained for life, and a person so sentenced shall be liable to be detained in a young offenders institution.

(3) Notwithstanding subsection (2) above, if the High Court is of the opinion that it would be in the interests of justice for it to pass a sentence other than the sentence which that subsection would require it to pass, it may decline to pass that sentence and may instead pass any sentence which it otherwise has power to pass in respect of a conviction for that offence.

(4) For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a qualifying offence shall not be regarded as a sentence fixed by law for that offence.

(5) In this section—

• “qualifying offence” means any offence mentioned in Part I of Schedule 5A to this Act;

• “the relevant date” means the date on which section 1 of the Crime and Punishment (Scotland) Act 1997 comes into force; and

• “relevant offence” means any offence mentioned in Part II of Schedule 5A to this Act.”.

(2) After Schedule 5 to the 1995 Act, there shall be inserted the following Schedule—

“Schedule 5A Offences for the purposes of section 205A of this Act

Part I Qualifying offences

1 Culpable homicide.

2 Attempted murder, incitement to commit murder or conspiracy to commit murder.

3 Rape or attempted rape.

4 Clandestine injury to women or an attempt to cause such injury.

5 Sodomy or attempted sodomy where, in either case, the complainer, that is to say the person against whom the offence was committed, did not consent.

6 Assault, where the assault—

(a) is aggravated because it was carried out to—

(i) the victim’s severe injury; or

(ii) the danger of the victim’s life; or

(b) was carried out with an intention to rape or to ravish the victim.

7 Robbery, where, at some time during the commission of the offence, the offender had in his possession a firearm or an imitation firearm.

8 Any offence committed by contravention of—

(a) section 16 (possession of a firearm with intent to endanger life or cause serious injury);

(b) section 17 (use of firearm to resist arrest); or

(c) section 18 (having a firearm for purpose of committing an offence listed in Schedule 2), of the [1968 c. 27.] Firearms Act 1968.

9 Lewd, indecent or libidinous behaviour or practices.

10 Any offence committed by contravention of section 5(1) of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under the age of thirteen years).

Part II Relevant offences

11 Any of the following offences committed in England and Wales, namely—

(a) an attempt to commit murder, a conspiracy to commit murder or an incitement to murder;

(b) an offence under section 4 of the [1861 c. 100.] Offences Against the Person Act 1861 (soliciting murder);

(c) manslaughter;

(d) an offence under section 18 of the Offences Against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent);

(e) rape or an attempt to commit rape;

(f) an offence under section 5 of the [1956 c. 69.] Sexual Offences Act 1956 (intercourse with a girl under 13);

(g) any offence committed by contravention of—

(i) section 16 (possession of a firearm with intent to endanger life or cause serious injury);

(ii) section 17 (use of firearm to resist arrest); or

(iii) section 18 (carrying a firearm with criminal intent)

of the Firearms Act 1968;

(h) robbery, where, at some time during the commission of the offence the offender had in his possession a firearm or imitation firearm.

12 Any of the following offences committed in Northern Ireland, namely—

(a) an offence mentioned in sub-paragraphs (a) to (e) of paragraph 11 above;

(b) an offence under section 4 of the [1885 c. 69.] Criminal Law Amendment Act 1885 (intercourse with a girl under 14);

(c) an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the [S.I. 1981/155 (N.I.2).] Firearms (Northern Ireland) Order 1981; and

(d) robbery, where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.

Part III Interpretation

13 In paragraphs 7 and 11(h) above “firearm” and “imitation firearm” have the meanings respectively given to them by section 57 of the [1968 c. 27.] Firearms Act 1968.”.