The Extended Sentences for Violent Offenders (Scotland) Order 2003

Scottish Statutory Instruments

2003 No. 48

CRIMINAL LAW

The Extended Sentences for Violent Offenders (Scotland) Order 2003

Made

27th January 2003

Coming into force in accordance with article 1

The Scottish Ministers, in exercise of the powers conferred by section 210A(7) of the Criminal Procedure (Scotland) Act 1995(1), and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 210A(8) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation, commencement and application

1.—(1) This Order may be cited as the Extended Sentences for Violent Offenders (Scotland) Order 2003 and shall come into force on the day after the day on which it is made.

(2) This Order shall not apply where the violent offence was committed before the coming into force of this Order.

Amendment of the extension period

2.  In section 210A(3)(b) of the Criminal Procedure (Scotland) Act 1995 for “five” substitute “ten”.

HUGH HENRY

Authorised to sign by the Scottish Ministers

St Andrews House, Edinburgh

27th January 2003

Explanatory Note

(This note does not form part of the Order)

This Order amends section 210A(3)(b) of the Criminal Procedure (Scotland) Act 1995 by increasing the maximum extension period of an extended sentence passed under section 210A(1) for a violent offence from five to ten years.

The Order does not apply to violent offences committed before its coming into force.

(1)

1995 c. 46. Section 210A was inserted by the Crime and Disorder Act 1998 (c. 37), section 86. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).