Criminal Cases (Punishment and Review) (Scotland) Act 2012
Jurisdiction | Scotland |
(1) Part 1 (detention, transfer and release of offenders) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.in the opening text, the words “(ignoring the period of confinement, if any, which may be necessary for the protection of the public) ” are repealed,paragraph (aa) and the word “and” immediately preceding paragraph (c) are repealed,after paragraph (c) there is inserted“ would represent an appropriate period to satisfy the requirements of retribution and deterrence, ” ,after paragraph (b) there is inserted“ or 194M ” .(3) After section 194L there is inserted—
- ; and
- (d) in the case of a life prisoner to whom paragraph (a) or (ab) of subsection (1) above applies, the matters mentioned in section 2A(1) .
- “(2A) The matters mentioned in subsection (2) (a) to (c) above (taken together) are for the case of a life prisoner to whom paragraph (aa) of subsection (1) above applies; and, as respects the punishment part in the case of such a prisoner, the court is to ignore any period of confinement which may be necessary for the protection of the public.
- “(1) For the purpose of section 2(2) (d) , the matters are—
- (a) any period of imprisonment which the court considers would have been appropriate for the offence had the court not sentenced the prisoner to imprisonment for life, or (as the case may be) not made the order for lifelong restriction, for it,
- (b) the part of that period of imprisonment which would represent an appropriate period to satisfy the requirements of retribution and deterrence, and
- (c) where appropriate, the ones mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.
- “(4A) As respects the punishment part in the case to which subsection (4) relates, the court is to ignore any period of confinement which may be necessary for the protection of the public.
- and
- (c) where appropriate, the ones mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.
- (5A) But—
- (a) in the application of subsection (5) (a) , the court is to ignore any period of confinement which may be necessary for the protection of the public,
- (b) subsection (5) (b) is subject to section 20A,
- (c) subsection (5) (c) is inapplicable until the court has made the assessment required by virtue of subsection (5) (a) and (b) .
- “(1) The part mentioned in subsection (5) (b) of section 20 in relation to the period mentioned in subsection (5) (a) of that section is—
- (a) one-half of that period, or
- (b) if subsection (2) applies, such greater proportion of that period as the court specifies.
- “(1) The disclosure of information, or the authorisation of disclosure of...
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