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

Explanatory Note

(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).