Search Legislation

Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Paragraph 75

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Paragraph 75. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

75(1)The Prisons (Scotland) Act 1989 shall be amended as follows.S

(2)In subsection (1) of section 11 (removal of prisoners for judicial and other purposes), for the words “section 279 of the 1975 Act” there shall be substituted the words “ section 132 of the 1995 Act ”.

(3)In subsection (3) of section 21 (transfer to prison of young offenders) for the words “the 1975 Act” where they first occur there shall be substituted the words “ the 1995 Act ”.

(4)In section 39 (prison rules)—

(a)in subsection (5), for the words “section 279 of the 1975 Act” there shall be substituted the words “ section 132 of the 1995 Act ”; and

(b)in subsection (7), for the words “section 206 of the 1975 Act” there shall be substituted the words “ section 208 of the 1995 Act ”.

(5)For subsection (3) of section 40 (persons unlawfully at large) there shall be substituted the following subsection—

(3)In this section—

(a)any reference to a person sentenced to imprisonment shall be construed as including a reference to any person sentenced or ordered to be detained under section 44, 205 or 208 of the 1995 Act;

(b)any reference to a prison shall be construed as including a reference to a place where the person is liable to be detained under the sentence or order; and

(c)any reference to a sentence shall be construed as including a reference to an order under the said section 44.

(6)After section 40 there shall be added the following section—

40A Warrants for arrest of escaped prisoners.

(1)On an application being made to a justice alleging that any person is an offender unlawfully at large from a prison or other institution to which this Act or, as the case may be, the Prison Act 1952 or the Prison Act (Northern Ireland) 1953 applies in which he is required to be detained after being convicted of an offence, the justice may issue a warrant to arrest him and bring him before any sheriff.

(2)Where a person is brought before a sheriff in pursuance of a warrant for his arrest under this section, the sheriff shall, if satisfied that he is the person named in the warrant and if satisfied that he is an offender unlawfully at large as mentioned in subsection (1) above, order him to be returned to the prison or other institution where he is required or liable to be detained.

(7)In subsection (1) of section 43 (interpretation) for the definition of “the 1975 Act” there shall be substituted the following—

the 1995 Act” means the Criminal Procedure (Scotland) Act 1995;.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources