Part 3

Enforcement of sentences and orders

Sentences of imprisonment

Detention in Scotland of certain prisoners
23
1
This section applies where the Scottish Ministers have agreed, in pursuance of section 42(2)(b) of the 2001 Act (duty to issue warrant where the Scottish Ministers agree that a person should be detained in Scotland), that a person on whom a sentence of imprisonment has been imposed (a “prisoner”) should be detained in Scotland.
2
The warrant issued by the Scottish Ministers under that section of the 2001 Act shall include provision authorising—
a
the detention of the prisoner in Scotland in accordance with the sentence imposed; and
b
the taking of the prisoner to a specified place where the prisoner is to be detained,
(any such warrant being referred to in this section as a “Scottish warrant”).
3
The provisions of a Scottish warrant—
a
may be varied by the Scottish Ministers; and
b
shall be so varied to give effect to any variation of the sentence.
4
Subject to section 24 of this Act, a prisoner subject to a Scottish warrant shall be treated for all purposes as if the prisoner were subject to a sentence of imprisonment imposed in exercise of its criminal jurisdiction by a court in Scotland.