The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 7) Order 2009

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order brings into force section 10(2)(b) for the purposes of section 10(1)(e) of the Management of Offenders etc. (Scotland) Act 2005 (“the 2005 Act”) in so far as that section relates to certain persons.

The persons covered by section 10(1)(e) of the 2005 Act are those who have been convicted of an offence if, by reason of that conviction, the person is considered to be someone who may cause serious harm to the public at large.

Section 10(1)(e) has been commenced to come into force on 26th June 2009. It is a limited commencement only in respect of persons subject to a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995, a hospital direction under section 59A of that Act or a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003. These are the orders and directions which are set out in section 10(11)(b) to (d) of the 2005 Act which specifies the persons for whom Health Boards and Special Health Boards, as “responsible authorities”, have duties to make arrangements.

Section 10(2)(b) provides that for the purposes of section 10(1)(b) or (e), it is immaterial where the offence of which the person has been convicted was committed. This clarifies for the purpose of identifying which authorities are responsible for making the arrangements that it is immaterial where the offence was committed. The test for establishing such responsibility is whether the person poses a risk in the responsible authority’s area.

This Order commences section 10(2)(b) but only for the purposes of section 10(1)(e) and in so far as that section has been commenced. Section 10(1)(b) has not yet been commenced.