Prisoners and Criminal Proceedings (Scotland) Act 1993

1In this Schedule—

  • “existing provisions” means such provisions as relate to the detention or release of persons and are amended or repealed by this Act, as they had effect immediately before such amendment or repeal [F1except that an amendment or repeal effected by any amendment shall apply for the purposes of the existing provisions if expressly stated to do so];

  • “new provisions” means sections 1 to 21 and 27 of this Act (together with the provisions of the 1975 Act and of the M1Mental Health (Scotland) Act 1984 which so relate and are so amended [F2by this Act]);

  • “existing child detainee” means any child (“child” having the meaning assigned to that expression by section 30 of the M2Social Work (Scotland) Act 1968) who, at the relevant date, is detained under section 206 of the 1975 Act other than without limit of time or is detained in residential care by virtue of section 413 of the 1975 Act;

  • “existing licensee” means any person who, before the relevant date, has been released on licence under the 1989 Act;

  • “existing life prisoner” means any person [F3(other than a transferred life prisoner)] who, at the relevant date, is serving—

    (a)

    a sentence of imprisonment for life;

    (b)

    a sentence of detention without limit of time or for life under section 205 of the 1975 Act;

    (c)

    a sentence of detention without limit of time under section 206 of that Act; or

    (d)

    a period of detention without limit of time or for life under section 207(2) of that Act;

  • “existing prisoner” means any person who, at the relevant date, is serving—

    (a)

    a sentence of imprisonment; or

    (b)

    a sentence of detention in a young offenders institution; and

  • “relevant date” means the date of commencement of the new provisions.

Textual Amendments

F1Sch. 6 paras. 1: words in the definition of

“existing provisions”

inserted (3.2.1995) by 1994 c. 33, s. 134(1)(a)(i); S.I. 1995/127, art. 2(1), Sch. 1

F2Sch. 6 para. 1: words in the definition of

“new provisions”

inserted (3.2.1995) by 1994 c. 33, s. 134(1)(a)(ii); S.I. 1995/127, art. 2(1), Sch. 1

F3Words in Sch. 6 para. 1 inserted (27.7.1993) by 1993 c. 36, ss. 76(3)(a), 78(2)

Marginal Citations