The Management of Offenders etc. (Scotland) Act 2005 (Commencement No. 5) Order 2008

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order brings into force certain provisions of the Management of Offenders etc. (Scotland) Act 2005 (“the 2005 Act”).

Section 10(1) of the 2005 Act places a duty on the responsible authorities, as defined in section 10(7), to put in place, in each local authority area, arrangements for the assessment and management of the risks posed by persons falling into the categories set out in section 10(1). The section has already been commenced in respect of a person mentioned in section 10(1)(a), namely a person who is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42).

This Order commences section 10 in its application to a person who has in proceedings on indictment for an offence inferring personal violence–

in terms of section 10(1)( c), been acquitted of that offence on grounds of insanity and in respect of whom a restriction order has been made by the court under section 59 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (“the 1995 Act”); or

in terms of section 10(1)(d), been found by the court to be insane in bar of trial under section 54(1) of the 1995 Act.

However, the commencement of section 10(1)(d) only applies in so far as the person mentioned in that provision has also been made subject to a restriction order under section 57(2)(b) of the 1995 Act.