Back to the Scottish Parliament Business Bulletin No.132/2005: Wednesday 21 September 2005
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Section G – Bills

New amendments to Bills lodged on 20 September 2005

Management of Offenders etc. (Scotland) – Stage 2

After section 10

Hugh Henry

47 After section 10, insert—

<Scheme of accreditation and procedure etc. of the Risk Management Authority

(1) The Criminal Justice (Scotland) Act 2003 (asp 7) is amended as follows.

(2) In section 11 (accreditation, education and training), after subsection (1) insert—

"(1A) The order may authorise—

(a) decisions as to cases arising in relation to a scheme of accreditation to be taken by a committee; and

(b) any appeal as to such a decision to be determined by a committee,

in accordance with such procedure as may be prescribed; and without prejudice to the generality of this subsection the order may make provision as to the membership of the committees and as to any quorum.".

(3) In paragraph 4 of schedule 2 (constitution etc. of the Risk Management Authority)—

(a) for sub-paragraph (1) substitute—

"(1) Subject to any order under subsection (1) of section 11 of this Act, the Authority may—

(a) make provision for the appointment and constitution of committees and sub-committees;

(b) make provision for the exercise of any of its functions by any of its committees, sub-committees, members or employees; and

(c) regulate its own procedure and the procedure of—

(i) any of its committees or sub-committees (including any such committee as is mentioned in paragraph (a) or (b) of subsection (1A) of that section); or

(ii) any member or employee to whom a function has been delegated under head (b) above.

(1A) Delegation under sub-paragraph (1)(b) is to be without prejudice to the power of the Authority itself to exercise the function in question.

(1B) Without prejudice to the generality of head (c) of sub-paragraph (1), regulation under that head may include provision as to any quorum."; and

(b) in sub-paragraph (2), after "Authority" insert " or of any of its committees or sub-committees or of any of its members by whom functions are exercised by virtue of sub-paragraph (1)(b)".>

Hugh Henry

48 After section 10, insert—

<Orders after assessment of risk

(1) The Criminal Procedure (Scotland) Act 1995 (c.46) is amended as follows.

(2) In section 210F(1) (making of order for lifelong restriction)—

(a) in paragraph (a), for the word "a" substitute "any";

(b) for the words from "shall" to the end substitute ", in a case where it may make a compulsion order in respect of the convicted person under section 57A of this Act, either make such an order or make an order for lifelong restriction in respect of that person and in any other case make an order for lifelong restriction in respect of that person.".

(3) The title of section 210F becomes "Order for lifelong restriction or compulsion order".>

Section 11

Hugh Henry

49 In section 11, page 9, line 12, at end insert—

<(1A) In section 1(1) (release of short-term prisoners), after "short-term prisoner" insert ", not being a prisoner to whom section 1AA of this Act applies,".

(1B) After section 1 insert—

"1AA Release of certain sexual offenders

(1) As soon as a prisoner to whom this section applies has served one-half of his sentence the Scottish Ministers are to release him on licence.

(2) This section applies to any short-term prisoner—

(a) sentenced to a term of 6 months or more, and

(b) who, by virtue of the conviction in respect of which that sentence was imposed, is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c.42).

(3) It is immaterial, for the purposes of subsections (1) and (2) above, when the offence of which the prisoner was convicted was committed.

(4) But this section does not apply to a prisoner if the conviction in respect of which the sentence mentioned in subsection (2)(a) above was imposed preceded the date on which section 11(1B) of the Management of Offenders etc. (Scotland) Act 2005 (asp 00) came into force.

(5) Section 17 of this Act applies to such short-term prisoners as are mentioned in subsection (2) above as that section applies to long-term prisoners.

(6) Where a prisoner is released on licence under this section, the licence (unless revoked) remains in force until the entire period specified in his sentence (reckoned from the commencement of the sentence) has elapsed; but this subsection is subject to subsections (7) and (8) below.

(7) Where the prisoner is serving terms which by virtue of section 27(5) of this Act fall to be treated as a single term the licence (unless revoked) remains in force until the relevant period (reckoned from the commencement of the single term) has elapsed.

(8) The "relevant period" mentioned in subsection (7) above is—

(a) the single term after deduction of half the number of days (if any) by which that term exceeds what it would be were there disregarded in determining it such terms (if any) as are imposed for a conviction other than one by virtue of which the prisoner is subject to the notification requirements mentioned in subsection (2)(b) above, or

(b) if to disregard such terms as are so imposed would have the consequence—

(i) that there would not remain two or more terms to treat as a single term, or

(ii) that though two or more terms would remain they would no longer be consecutive or wholly or partly concurrent,

the single term after deduction of half the number of days (if any) by which that term exceeds the term imposed for the conviction, or as the case may be the terms imposed for the convictions, by virtue of which the prisoner is subject to those requirements.".>

Before section 12

Hugh Henry

50 Before section 12, insert—

<Notification requirements where sentence of imprisonment for public protection is imposed in England and Wales

(1) In the table in section 82(1) of the Sexual Offences Act 2003 (c.42) (notification period for persons convicted of sexual offences under requirement to notify the police about certain matters), in the entry relating to a person sentenced to imprisonment for life or for a term of 30 months or more, for the words "or for" substitute ", to imprisonment for public protection under section 225 of the Criminal Justice Act 2003 or to imprisonment for".

(2) This section applies in relation to sentences passed before the date on which this section comes into force, as well as to those passed on or after that date.>

After section 12

Hugh Henry

51 After section 12, insert—

<Objection to content or finding of risk assessment report: conduct of proceedings

After section 210E of the Criminal Procedure (Scotland) Act 1995 (c.46) insert—

"210EA Application of certain sections of this Act to proceedings under section 210C(7)

(1) Sections 271 to 271M, 274 to 275C and 288C to 288F of this Act (in this section referred to as the "applied sections") apply in relation to proceedings under section 210C(7) of this Act as they apply in relation to proceedings in or for the purposes of a trial, references in the applied sections to the "trial" and to the "trial diet" being construed accordingly.

(2) But for the purposes of this section the references—

(a) in sections 271(1)(a) and 271B(1)(b) to the date of commencement of the proceedings in which the trial is being held or is to be held; and

(b) in section 288E(2)(b) to the date of commencement of the proceedings,

are to be construed as references to the date of commencement of the proceedings in which the person was convicted of the offence in respect of which sentence falls to be imposed (such proceedings being in this section referred to as the "original proceedings").

(3) And for the purposes of this section any reference in the applied sections to—

(a) an "accused" (or to a person charged with an offence) is to be construed as a reference to the convicted person except that the reference in section 271(2)(e)(iii) to an accused is to be disregarded;

(b) an "alleged" offence is to be construed as a reference to any or all of the following—

(i) the offence in respect of which sentence falls to be imposed;

(ii) any other offence of which the convicted person has been convicted;

(iii) any alleged criminal behaviour of the convicted person; and

(c) a "complainer" is to be construed as a reference to any or all of the following—

(i) the person who was the complainer in the original proceedings;

(ii) in the case of any such offence as is mentioned in paragraph (b)(ii) above, the person who was the complainer in the proceedings relating to that offence;

(iii) in the case of alleged criminal behaviour if it was alleged behaviour directed against a person, the person in question.

(4) Where—

(a) any person who is giving or is to give evidence at an examination under section 210C(7) of this Act gave evidence at the trial in the original proceedings; and

(b) a special measure or combination of special measures was used by virtue of section 271A, 271C or 271D of this Act for the purpose of taking the person’s evidence at that trial,

that special measure or, as the case may be, combination of special measures is to be treated as having been authorised, by virtue of the same section, to be used for the purpose of taking the person’s evidence at or for the purposes of the examination.

(5) Subsection (4) above does not affect the operation, by virtue of subsection (1) above, of section 271D of this Act.">

Section 14

Hugh Henry

52 In section 14, page 14, line 37, at end insert—

<() in subsection (2), for the words "the foregoing subsection" substitute "subsection (1) above".>

Hugh Henry

53 In section 14, page 15, line 28, leave out <after the words "and (7)" insert ", 3AA"> and insert <for the words "2(2) and (7)" substitute "1AA, 2(2) and (7), 3AA">

Hugh Henry

54 In substitution for amendment 41—

etc. (Scotland)�In section 14, page 15, line 30, at end insert—

<() In section 8(1) of the Prisons (Scotland) Act 1989 (c.45) (provision for constitution of visiting committees), for the words from "at" to the end, substitute—

"(a) by such—

(i) community justice authorities, or

(ii) councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

(b) at such times,

(c) in such manner, and

(d) for such periods,

as may be prescribed by the rules.".>

Hugh Henry

55 In substitution for amendment 41—

In section 14, page 15, line 30, at end insert—

<() In section 27(4A) of the 1993 Act (construction of references in Part 1 of that Act to wholly concurrent or partly concurrent terms of imprisonment or detention), in sub-paragraph (i) of paragraph (a) and in each of sub-paragraphs (i) and (ii) of paragraph (b), for the words "is imposed" substitute "commences".>

Hugh Henry

56 In section 14, page 15, line 34, leave out <after the word "3,", where it first occurs, insert "3AA,"> and insert <for the words "1A, 3" substitute "1AA, 1A, 3, 3AA">

Hugh Henry

57 In section 14, page 15, line 36, leave out <after the words "2(4), where they first occur, insert "3AA,"> and insert <for the words "1A, 2(4)" substitute "1AA, 1A, 2(4), 3AA">

Hugh Henry

58 In section 14, page 15, line 40, leave out <after the word "3,", where it occurs for the first time, insert "3AA,"> and insert <for the words "1A, 3" substitute "1AA, 1A, 3, 3AA">

Hugh Henry

59 In section 14, page 15, line 42, leave out <after the words "1A," insert "3AA,"> and insert <for the words "1A" substitute "1AA, 1A, 3AA">

Hugh Henry

60 In section 14, page 16, line 6, leave out <after the word "3," insert "3AA,"> and insert <for the words "1A, 2, 3" substitute "1AA, 1A, 2, 3, 3AA">

Section 17

Hugh Henry

61 In section 17, page 17, line 2, after <sections> insert <(Notification requirements where sentence of imprisonment for public protection is imposed in England and Wales),>

Long Title

Hugh Henry

62 In the long title, page 1, line 3, after <etc.;> insert <to make further provision as respects the procedures etc. of the Risk Management Authority;>

Hugh Henry

63 In the long title, page 1, line 3, after <etc;> insert <to make further provision as respects the powers of the High Court following the submission of a risk assessment report or of a report under section 210D of the Criminal Procedure (Scotland) Act 1995;>

Hugh Henry

64 In the long title, page 1, line 6, after <2003;> insert <to make further provision as respects proceedings in relation to an objection to the content of a risk assessment report;>

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