Prisoners and Criminal Proceedings (Scotland) Act 1993 (Release of Prisoners etc.) Order 1995
1995 No. 911 (S.76)
PRISONS
The Prisoners and Criminal Proceedings (Scotland) Act 1993 (Release of Prisoners etc.) Order 1995
Made 24th March 1995
Coming into force 1st April 1995
The Secretary of State, in exercise of the powers conferred upon him by subsection (3) of section 20 of the Prisoners and Criminal Proceedings (Scotland) Act 19931, and after consultation with the Parole Board for Scotland in accordance with that subsection, hereby makes the following Order a draft of which has been laid before and approved by resolution of each House of Parliament:
1.—(1) This Order may be cited as the Prisoners and Criminal Proceedings (Scotland) Act 1993 (Release of Prisoners etc.) Order 1995 and shall come into force on 1st April 1995.
(2) In this Order—
“the Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993; and
“long-term prisoner” and “term of imprisonment” have the same meanings as in Part I of the Act.
2. The class of case specified in this Article is that of a long-term prisoner serving a sentence of imprisonment for a term of less than 10 years which was imposed upon him on or after 1st October 1993.
3. In relation to the class of case specified in Article 2 above, the Act shall have effect subject to the modifications that—
(a) in subsection (3) of section 1, for the word “may” there shall be substituted the word “shall” so however that nothing in this paragraph shall affect the operation of that subsection as it has effect in relation to a long-term prisoner who is liable to removal from the United Kingdom (within the meaning of section 9 of the Act);
(b) in section 12—
(i) in subsection (3)(a)2, after the words “licence of a” there shall be inserted the words “long-term or”;
(ii) subsection (4) shall be omitted; and
(c) in section 17(1)(a), for the word “may” there shall be substituted the word “shall”.
Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
24th March 1995
(This note is not part of the Order)
This Order specifies a class of case for the purposes of section 20(3) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the Act”).
The effect of Articles 2 and 3 of the Order is to provide that any prisoner serving a sentence of imprisonment...
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