2003 No. 287

CRIMINAL LAW

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

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers, in exercise of the power conferred by section 84(1) of the Criminal Justice (Scotland) Act 20031, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation1

1

This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Saving and Transitional Provisions) Order 2003.

2

This Order shall come into force on 27th June 2003.

3

In this Order–

  • “the Act” means the Criminal Justice (Scotland) Act 2003;

  • “the 1989 Act” means the Prisons (Scotland) Act 19892; and

  • “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 19933.

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 Act4, section 1(3)5 or 7(2)6 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)7 of the 1993 Act.

3

In respect of section 54 of the Act, that section shall only have effect in relation to prosecutions already commenced, if, at the date of commencement of the section, there are at least 11 clear days before the commencement of the trial diet.

CATHY JAMIESONA Member of the Scottish ExecutiveSt Andrew’s House, Edinburgh

(This note is not part of the Order)

This Order should be read with the Criminal Justice (Scotland) Act 2003 (Commencement No. 1) Order 2003 (S.S.I. 2003/288), which brings certain provisions of the Criminal Justice (Scotland) Act 2003 into force on 27th June 2003. Those provisions include sections 27, 28, 38 and 54 of that Act.

This Order makes a saving provision in relation to the commencement of sections 27, 28 and 38 (release of prisoners) so that the discretion of the Scottish Ministers in respect of the release of certain prisoners, and in respect of the conditions contained in a prisoner’s licence, which they enjoyed immediately before the commencement of those provisions is saved in certain situations. The saving will operate when Scottish Ministers receive a relevant recommendation from the Parole Board prior to commencement of sections 27, 28 and 38 and will have effect until immediately after Scottish Ministers have taken their decision to release the prisoner or to decide upon the conditions that should be in the prisoner’s licence.

This Order also makes a transitional provision in respect of section 54 of that Act (certificates relating to physical data: sufficiency of evidence).