Moved by
Lord Wolfson of Tredegar
27: Schedule 13, page 121, line 4, leave out from “section” to “for” in line 5 and insert “1 (release of short-term, long-term and life prisoners)—
(a) in subsection (3A),”
Member’s explanatory statement
This is consequential on the amendment at page 121, line 5.
28: Schedule 13, page 121, line 5, at end insert—
“(b) in subsection (9), after “applies” insert “to the extent that the person is serving a sentence of imprisonment imposed in respect of an offence within section 1AB(2)”.”
Member’s explanatory statement
This amendment amends section 1(9) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in light of new section 1B of that Act (inserted by paragraph 52(4) of Schedule 13 to the Bill).
29: Schedule 13, page 121, line 5, at end insert—
“(2A) In section 1AA (release of certain sexual offenders), for subsection (9) substitute—
“(9) This section is subject to section 1B.””
Member’s explanatory statement
This amendment amends section 1AA(9) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in light of new section 1B of that Act (inserted by paragraph 52(4) of Schedule 13 to the Bill).
30: Schedule 13, page 121, line 30, at end insert—
“(5B) Subsection (4) is subject to sections 1A and 1B.”
Member’s explanatory statement
This amendment amends section 1AB of the Prisoners and Criminal Proceedings (Scotland) Act 1993 so as to make subsection (4) of that section subject to sections 1A and 1B of that Act (section 1B being inserted by paragraph 52(4) of Schedule 13 to the Bill).
31: Schedule 13, page 123, line 37, at end insert—
“(14) This section applies to a prisoner on whom sentence was imposed before the day on which paragraph 52(4) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021 came into force as it applies to a prisoner on whom sentence was imposed on or after that day.”
Member’s explanatory statement
This amendment amends section 1B of the Prisoners and Criminal Proceedings (Scotland) Act 1993 so that it will apply in relation to sentences imposed before the date on which the provision of the Bill inserting section 1B into that Act comes into force.
32: Schedule 13, page 124, line 1, at end insert—
“(a) in the case of a prisoner to whom section 1AB(3) applies,”
Member’s explanatory statement
This amendment is consequential on the amendment at page 124, line 4.
33: Schedule 13, page 124, line 4, at end insert “or,
(b) in the case of a prisoner to whom section 1AB(3) does not apply by virtue of section 1AB(2A), before the day on which the Scottish Ministers are required to release the prisoner under section 26ZA(5).”
Member’s explanatory statement
This amendment prevents a life prisoner who is also serving a terrorism sentence to which section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 applies from making a requirement under section 2(6) of that Act before the day on which the prisoner would otherwise be eligible for release on licence under section 26ZA(5) of that Act.
34: Schedule 13, page 125, line 12, leave out “omit the words “Subject to subsection (2A),”” and insert “for “subsection (2A)” substitute “section 1B””
Member’s explanatory statement
This amendment amends section 5 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in light of new section 1B of that Act (inserted by paragraph 52(4) of Schedule 13 to the Bill).
35: Schedule 13, page 125, line 13, at end insert—
“(c) in subsection (4), after “1A” insert “, 1B”.”
Member’s explanatory statement
This amendment amends section 5 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in light of new section 1B of that Act (inserted by paragraph 52(4) of Schedule 13 to the Bill).
36: Schedule 13, page 125, line 29, at end insert—
“(za) in subsection (3)—
(i) after “(2) above” insert “or, as the case may be, section 1AB(4) or 26ZA(5)(a)”;
(ii) after “sentence)” insert “or, as the case may be, before the date on which the sentence under section 205ZC(5) as originally imposed by the court expires”;
(iii) after “so elapses” insert “or, as the case may be, the sentence under section 205ZC(5) expires;””
Member’s explanatory statement
This amendment makes consequential amendments of section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
37: Schedule 13, page 125, line 42, at end insert—
“(ba) in subsection (5)(b), after “(1A)” insert “, 1B”;”
Member’s explanatory statement
This amendment amends section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in light of new section 1B of that Act (inserted by paragraph 52(4) of Schedule 13 to the Bill).
38: Schedule 13, page 125, line 48, leave out “(3) to (5) and” and insert “(2) and (3) to”
Member’s explanatory statement
This amendment makes consequential amendments of section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
39: Schedule 13, page 126, line 1, leave out from “insert” to end of line 14 and insert ““to the extent that detention is imposed on the person under section 205ZC(5) of the 1995 Act.”;
(e) after subsection (8) insert—
“(9) This section is subject to section 1B.””
Member’s explanatory statement
This amendment makes consequential amendments of section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.
40: Schedule 13, page 126, line 16, at end insert—
“(12A) In section 26A (extended sentences: application of section)—
(a) in subsection (1), after “sentences)” insert “other than an extended sentence imposed in respect of a terrorism offence.”;
(b) in subsection (2), for “section 1A” substitute “sections 1A and 1B”;
(c) in subsection (6), for “section 1A(c)” substitute “sections 1A(1)(c) and 1B(11)”.”
Member’s explanatory statement
This amendment excludes a prisoner subject to an extended sentence under section 210A of the Criminal Procedure (Scotland) Act 1995 in respect of a terrorism offence from the scope of section 26A of the Prisoners and Criminal Proceedings (Scotland) Act 1993. It also amends that section 26A in consequence of new section 1B of that Act.
41: Schedule 13, page 126, line 25, at end insert—
“(5B) In determining, for the purposes of subsection (5), whether a sentence passed on a person in respect of an offence (other than an offence within section 1AB(2)) is to be treated as part of a single term, any sentence passed on the person in respect of an offence within section 1AB(2) is to be ignored.”
Member’s explanatory statement
This amendment inserts new subsection (5B) into section 27 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 clarifying that, in determining whether non-terrorism sentences are to be treated as a single term, sentences imposed in respect of terrorism offences within section 1AB of that Act are to be ignored.
42: Schedule 13, page 126, line 44, at end insert—
“(b) in each of paragraphs 10(2)(a) and (5)(a) and 11(2)(a) and (4)(a)—
(i) after “1A,” insert “1B,”;
(ii) after “21,” insert “26ZA,”.”
Member’s explanatory statement
This amendment makes minor amendments of paragraphs 10 and 11 of Schedule 1 to the Crime (Sentences) Act 1997 in consequence of the insertion of sections 1B and 26ZA into the Prisoners and Criminal Proceedings (Scotland) Act 1993.
43: Schedule 13, page 127, line 5, at end insert—
“(b) after “1A,” insert “1B,”;
(c) after “10” insert “, 26ZA”.”
Member’s explanatory statement
This amendment makes minor amendments of section 24(c) of the International Criminal Court (Scotland) Act 2001 in consequence of the insertion of sections 1B and 26ZA into the Prisoners and Criminal Proceedings (Scotland) Act 1993.