SCHEDULE TRANSITIONAL PROVISIONS

PART 1 EXISTING LIFE PRISONERS

5

The Scottish Ministers shall not refer the case of an existing life prisoner who was released on licence under section 3 of the 1993 Act to the High Court of Justiciary under paragraph 3 above unless—

a

the prisoner has been recalled to prison under section 17(1) of the 1993 Act; and

b

the Parole Board has not directed that the prisoner be released on licence immediately under section 17(4) of that Act.