Moved by
Lord Stewart of Dirleton
4: Clause 29, page 25, line 10, after “Part” insert “, except sections 1AB, 1A and 1B,”
Member’s explanatory statement
This amendment excludes sections 1AB, 1A and 1B of the Prisoners and Criminal Proceedings (Scotland) Act 1993 from the scope of new section 26ZA(3) of that Act.
5: Clause 29, page 25, line 35, leave out “section 1A(1)(c)” and insert “sections 1A(1)(c) and 1B(11)”
Member’s explanatory statement
This amendment makes new section 26ZA(7) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 subject to section 1B(11) of that Act (inserted by paragraph 52(4) of Schedule 13 to the Bill).
6: Clause 29, page 26, line 8, leave out “means”
Member’s explanatory statement
This amendment is consequential on the amendment at page 26, line 11.
7: Clause 29, page 26, line 9, after “prisoner,” insert “means—
(a) ”
Member’s explanatory statement
This amendment is consequential on the amendment at page 26, line 11.
8: Clause 29, page 26, line 11, leave out “205ZC” and insert “section 205ZC of the 1995 Act, or
(b) the term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act;”
Member’s explanatory statement
This amendment provides for the purposes of new section 26ZA of the Prisoners and Criminal Proceedings (Scotland) Act 1993 a definition of “appropriate custodial term” in relation to an extended sentence under section 210A of the Criminal Procedure (Scotland) Act 1995 imposed in respect of a terrorism offence.
9: Clause 29, page 26, line 14, after “205ZA” insert “of the 1995 Act”
Member’s explanatory statement
This amendment clarifies that the reference to section 205ZA is a reference to section 205ZA of the Criminal Procedure (Scotland) Act 1995 (defined as “the 1995 Act” for the purposes of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993).
10: Clause 29, page 26, line 18, after “205ZC” insert “of that Act”
Member’s explanatory statement
This amendment clarifies that the reference to section 205ZC is a reference to section 205ZC of the Criminal Procedure (Scotland) Act 1995 (defined as “the 1995 Act” for the purposes of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993).
11: Clause 29, page 26, line 20, at end insert—
“(c) in relation to an extended sentence imposed on a terrorist prisoner under section 210A of that Act in respect of a terrorism offence, the period specified as such under that section by the court that imposes the sentence on the prisoner.”
Member’s explanatory statement
This amendment provides for the purposes of new section 26ZA of the Prisoners and Criminal Proceedings (Scotland) Act 1993 a definition of “extension period” in relation to an extended sentence under section 210A of the Criminal Procedure (Scotland) Act 1995 imposed in respect of a terrorism offence.