Criminal Justice Act 2003

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

66 In section 10 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (life prisoners transferred to Scotland)—

(a) in subsection (1)—

(i) in paragraph (a), sub-paragraph (i), and the succeeding “or”, are omitted, and

(ii) after paragraph (a)(ii) there is inserted “or

(iii) subsections (5) to (8) of section 28 (early release of life prisoners to whom that section applies) of the Crime (Sentences) Act 1997 (c. 43) (in this section, the “1997 Act”) apply by virtue of an order made under section 28(2)(b) of that Act (while that provision was in force) or an order made under section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003;”, and

(iii) for “28(2)(b) or 82A(2) or paragraph” there is substituted “82A(2), 28(2)(b) or 269(2) or paragraph 3(1)(a) or”;

(b) after subsection (1) there is inserted—

“(1AA) This Part of this Act, except section 2(9), applies also to a transferred life prisoner—

(a) who is transferred from England and Wales on or after the date on which section 269 of the Criminal Justice Act 2003 comes into force,

(b) in relation to whom paragraph 3 of Schedule 22 to that Act applies by virtue of paragraph 2(a) of that Schedule, but

(c) in respect of whom, under the paragraph so applying, no order has been made,

as if the prisoner were a life prisoner within the meaning of section 2 of this Act and the punishment part of his sentence within the meaning of that section were the notified minimum term defined by paragraph 3(4) of that Schedule.”; and

(c) in subsection (5)(b)—

(i) for “the Crime (Sentences) Act 1997” there is substituted “the 1997 Act”, and

(ii) after the words “Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” there is inserted “section 269(2) of, or paragraph 3(1)(a) of Schedule 22 to, the Criminal Justice Act 2003,”.