Criminal Justice (Scotland) Act 2003

Criminal Justice (Scotland) Act 2003

2003 asp 7

The Act The Act is in 12 parts.

Part 4 – Prisoners

Release of prisoners

Section 30 - Release on licence: certain consecutive sentences

139. Section 30 amends section 1A of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”) by adding a new subsection (2) which provides that where a prisoner who is serving a determinate sentence receives a sentence of imprisonment or detention for life or without limit of time which is to take effect on the day after he would, but for the indeterminate sentence, be entitled to be released from the determinate term, the Scottish Ministers shall not be required to release the prisoner until they are required to release him or her from the indeterminate term.  Neither are the Scottish Ministers nor the Parole Board under any obligation to consider the prisoner for release from the determinate term until they are required to consider his or her release from the indeterminate sentence.