Prisoners and Criminal Proceedings (Scotland) Act 1993
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Change 1
As published
2A Rules for section 2(2)(d) cases
(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).
Your change, as a redline
2A Rules for section 2(2)(d) cases
(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).
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