The Criminal Justice (Scotland) Act 2003 (Saving and Transitional Provisions) Order 2003

Saving and transitional provisions

2.—(1) This article applies in any case where, in respect of a prisoner, the Scottish Ministers have, prior to the commencement of sections 27, 28 and 38 of the Act, received a recommendation from the Parole Board for Scotland for the purpose of section 22(1) of the 1989 Act(1), section 1(3)(2) or 7(2)(3) of the 1993 Act or following consultation under section 22(7) of the 1989 Act or section 12(3)(b) of the 1993 Act.

(2) Where this article applies the provisions in paragraphs (a) and (b) below shall have the effect they had prior to amendment by section 27, 28 or 38 of the Act, as the case may be, and shall continue to do so, notwithstanding such amendment, until immediately after the Scottish Ministers have made a decision in respect of the prisoner in terms of those provisions–

(a) sections 22(1) and (7) of the 1989 Act; and

(b) sections 1(3), 7(2) and 12(3)(4) of the 1993 Act.

(1)

1989 c. 45. Section 22 was repealed by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) (“the 1993 Act”), Schedule 7, Part I but was saved in respect of prisoners to whom the “existing provisions” as defined in paragraph 1 of Schedule 6 to the 1993 Act apply for the purposes of that Act; paragraph 1 of Schedule 6 was relevantly amended by the Criminal Justice Act 1993 (c. 36), section 76(3) and by the Criminal Justice and Public Order Act 1994 (c. 33) (“the 1994 Act”), section 134(1)(a); section 22 was expressly included in the definition of “existing provisions” by the 1994 Act, section 134(2) and in its application to prisoners to whom the “existing provisions” specified in paragraph 1 of Schedule 6 to the 1993 Act apply, and was amended by the 1994 Act, sections 134(4) and (5); by virtue of the Prisons (Scotland) Act 1989 (Release of Prisoners etc.) Order 1995 (S.I. 1995/910), in relation to the case of a prisoner serving a sentence of imprisonment for a term of less than 10 years which was imposed upon him before 1st October 1993, section 22(1) has effect subject to the modification that for the word “may” there shall be substituted the word “shall”.

(2)

1993 c. 9. By virtue of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (Release of Prisoners etc.) Order 1995 (S.I. 1995/911) (“the 1995 Order”), in relation to the case of a long-term prisoner serving a sentence of imprisonment for a term of less than 10 years which was imposed upon him on or after 1st October 1993, section 1(3) has effect subject to the modification that for the word “may” there shall be substituted the word “shall”, so however that nothing shall affect the operation of that section as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 9 of the 1993 Act).

(3)

1993 c. 9. Section 7(2) was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraphs 86(2) and (5).

(4)

1993 c. 9. Section 12(3) was amended by the 1994 Act, section 131 and by the Crime and Punishment (Scotland) Act 1997 (c. 48), Schedule 1, paragraph 14(10)(b); by virtue of the 1995 Order, in relation to the case of a long-term prisoner serving a sentence of imprisonment for a term of less than 10 years which was imposed upon him on or after 1st October 1993, section 12(3)(a) has effect subject to the modification that after the words “licence of a” there shall be inserted the words “long-term or”.