Part 2

Confinement and release of prisoners
Chapter 2

Confinement, review and release of prisoners

Life prisoners

Assessment under section 20(5)(a) and (b)
20A
1
The part mentioned in subsection (5)(b) of section 20 in relation to the period mentioned in subsection (5)(a) of that section is—
a
one-half of that period, or
b
if subsection (2) applies, such greater proportion of that period as the court specifies.
2
This subsection applies if, taking into account in particular the matters mentioned in subsection (5), the court considers that it would be appropriate to specify as that part a greater proportion of that period.
3
In subsections (1)(b) and (2), the references to a greater proportion extend so as to include the whole of that period.
4
In subsections (1) to (3), the references to the period mentioned in subsection (5)(a) of section 20 are to that period as informed by subsection (5A)(a) of that section.
5
For the purpose of subsection (2), the matters are (continuing to ignore any period of confinement which may be necessary for the protection of the public)—
a
the seriousness of the offence, or of the offence combined with other offences of which the prisoner is convicted on the same indictment as that offence,
b
where the offence was committed when the prisoner was serving a period of imprisonment for another offence, that fact, and
c
any previous conviction of the prisoner.
Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2
S. 20A inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(6), 5(2); S.S.I. 2012/249, art. 2