(1) Part 1 (detention, transfer and release of offenders) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.
(2) In section 2 (duty to release discretionary life prisoners), in subsection (2)—
(a) 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the words “(ignoring the period of confinement, if any, which may be necessary for the protection of the public)” are repealed,
(b) paragraph (aa) and the word “and” immediately preceding paragraph (c) are repealed,
(c) after paragraph (c) 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). ” ,
(d) after subsection (2) there is inserted— “ (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. ” .
(3) After section 2 there is inserted—
(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.
(2) But—
(a) in the application of subsection (1)(a), the court is to ignore any period of confinement which may be necessary for the protection of the public,
(b) subsection (1)(b) is subject to section 2B,
(c) subsection (1)(c) is inapplicable until the court has made the assessment required by virtue of subsection (1)(a) and (b).
Section 2
2. Ancillary provision S
(1) The Scottish Ministers may by regulations make such supplemental, incidental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes of or in connection with section 1.
(2) Regulations under subsection (1) may (in particular) modify Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 or Part 2 of the Custodial Sentences and Weapons (Scotland) Act 2007.
(3) Regulations under subsection (1) are subject to the affirmative procedure. Commencement Information I2 S. 2 in force at 24.9.2012 by S.S.I. 2012/249 , art. 3 Part 2 S Disclosure of information obtained by SCCRC
