21A Operating protocol for release on licence under section 3AA
(1) The Scottish Ministers must prepare a document that describes—
(a) the process of risk assessment that is carried out before a prisoner is released on licence under section 3AA,
(b) the factors taken into account in carrying out such risk assessments,
(c) the procedures for monitoring a prisoner while released on licence under section 3AA,
(d) the process for investigating a suspected failure to comply with a condition included in a licence under section 3AA,
(e) the process by which a licence under section 3AA is revoked and a prisoner recalled to prison as a result.
(2) The Scottish Ministers must—
(a) keep the document under review, and
(b) revise it to reflect any changes in the things it describes.
(3) When preparing the first version of the document, or a revised version, the Scottish Ministers must consult—
(a) the Scottish Courts and Tribunals Service,
(b) the Parole Board,
(c) the chief constable of the Police Service of Scotland,
(d) local authorities,
(e) the Risk Management Authority.
(4) Having prepared the first version of the document, or a revised version, the Scottish Ministers must—
(a) make it publicly available, and
(b) lay a copy of it before the Scottish Parliament.
(5) A copy of the first version of the document must be laid before the Scottish Parliament within 6 months of the Bill for the Management of Offenders (Scotland) Act 2019 receiving Royal Assent.
For section 10 of the 1989 Act (place of confinement of prisoners) there shall be substituted the following section—
Place of confinement of prisoners.
10 (1) A prisoner may be lawfully confined in any prison.
(2) Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct, and may be moved by the Secretary of State from any prison to any other prison.
(3) The foregoing provisions of this section are without prejudice to section 11 of this Act and section 241 of the 1995 Act (transfer of prisoner in connection with hearing of appeal).
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23 Transfer of young offenders to prison or remand centre.
After section 20 of the 1989 Act there shall be inserted the following section—
Transfer of young offenders to prison or remand centre.
20A (1) Subject to section 21 of this Act, an offender sentenced to detention in a young offenders institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.
(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offenders institution shall be detained in a prison or remand centre instead of in a young offenders institution, but if the offender is under 18 years of age at the time of the direction, only for a temporary purpose.
(3) Where an offender is detained in a prison or remand centre by virtue of subsection (2) above, any rules under section 39 of this Act which apply in relation to persons detained in that place shall apply to that offender; but subject to the foregoing and to subsection (4) below, the provisions of the 1995 Act, the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of persons sentenced to detention in a young offenders institution shall continue to apply to the offender.
(4) Where an offender referred to in subsection (3) above attains the age of 21 years, subsection (3) of section 21 of this Act shall apply to him as if he had been transferred to prison under that section.
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The following subsection shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions)—
(7) Rules made under this section may provide for the award of additional days, not exceeding in aggregate one-sixth of the prisoner’s sentence—
(a) to a short-term or long-term prisoner within the meaning of Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; or
(b) conditionally on his eventually becoming such a prisoner, to a person remanded in custody,
where he is guilty, under such rules, of a breach of discipline.
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The following subsections shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions) after the subsection added by section 24 of this Act—
(8) Without prejudice to any power to make standing orders or to issue directions or any other kind of instruction, rules made under this section may authorise the Secretary of State to supplement the rules by making provision by directions for any purpose specified in the rules; and rules so made or directions made by virtue of this subsection may authorise the governor, or any other officer, of a prison, or some other person or class of persons specified in the rules or directions, to exercise a discretion in relation to the purpose so specified.
(9) Rules made under this section may permit directions made by virtue of subsection (8) above to derogate (but only to such extent, or in such manner, as may be specified in the rules) from provisions of rules so made and so specified.
(10) Any reference, however expressed, in any enactment other than this section to rules made under this section shall be construed as including a reference to directions made by virtue of subsection (8) above.
(11) Directions made by virtue of subsection (8) above shall be published by the Secretary of State in such manner as he considers appropriate.
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26ZA Terrorism and national security-related sentences
(1) This section applies to a person (“the prisoner”) who—
(a) is not a life prisoner, and
(b) is serving a terrorism or national security-related sentence.
(2) A terrorism or national security-related sentence is—
(a) a sentence of imprisonment imposed under section 205ZA of the 1995 Act (serious terrorism sentence),
(b) a sentence of imprisonment imposed under section 205ZC of that Act (... sentence with fixed licence period), or
(c) an extended sentence imposed under section 210A of that Act in respect of a terrorism offence.
(3) Subject to the provisions of this section, this Part, except sections 1AB, 1A and 1B, applies in relation to a terrorism or national security-related sentence as if any reference to a sentence or term of imprisonment were a reference to the appropriate custodial term of a terrorism or national security-related sentence.
(4) Where the prisoner is released on licence under this Part the licence remains in force until the end of the extension period (but subject to section 17).
(5) Where, apart from this subsection, the prisoner would be released unconditionally at the end of the appropriate custodial term—
(a) the prisoner must be released on licence, and
(b) the licence remains in force until the end of the extension period (but subject to section 17).
(6) The extension period is to be taken to begin—
(a) for the purposes of subsection (4), on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the appropriate custodial term;
(b) for the purposes of subsection (5), on the day on which, apart from that subsection, the prisoner would have been released unconditionally at the end of the appropriate custodial term.
(7) Where the prisoner is subject to two or more terrorism or national security-related sentences, the extension period which is taken to begin in accordance with subsection (6) is the aggregate of the extension period of each of those sentences.
(8) Subsection (7) is subject to—
(a) sections 1A(1)(c) and 1B(11), and
(b) in the case of a ... sentence imposed under section 205ZA of the 1995 Act, subsection (10) of that section and any direction by the court imposing the sentence.
(9) For the purposes of sections 12(3) and 17(1), the question of whether the prisoner is a long-term or short-term prisoner is to be determined by reference to the terrorism or national security-related sentence.
(10) In the application of this Part to a terrorism or national security-related sentence—
(a) references in sections 1A(1)(c) and 16(1)(a) to the date on which a prisoner would have served the prisoner's sentence in full are to be read as if they were references to the date on which the terrorism or national security-related sentence as originally imposed by the court would expire, and
(b) the reference in section 17(5) to a prisoner being liable to be detained in pursuance of the prisoner's sentence is to be read as if it were a reference to the prisoner being liable to be detained until the expiry of the extension period.
(11) For the purposes of this section—
“appropriate custodial term”, in relation to a terrorism or national security-related sentence imposed on a ... prisoner, means—
the term determined as such by the court that imposes the sentence on the prisoner under section 205ZA or, as the case may be, section 205ZC of the 1995 Act, or
the term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act;
“extension period” means—
in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZA of the 1995 Act, the period specified as such under that section by the court that imposes the sentence on the prisoner;
in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZC of that Act, the period of 1 year specified as such under that section by the court that imposes the sentence on the prisoner;
in relation to an extended sentence imposed on a ... 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.
(1) This section applies to a prisoner who, on or after the date on which section 87 of the Crime and Disorder Act 1998 comes into force, has been made subject to an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) other than an extended sentence imposed in respect of a terrorism offence.
(2) Subject to the provisions of this section, this Part of this Act, except sections 1A and 1B, shall apply in relation to extended sentences as if any reference to a sentence or term of imprisonment was a reference to the custodial term of an extended sentence.
(3) Where a prisoner subject to an extended sentence is released on licence under this Part the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.
(4) Where, apart from this subsection, a prisoner subject to an extended sentence would be released unconditionally—
(a) he shall be released on licence; and
(b) the licence shall, subject to any revocation under section 17 of this Act, remain in force until the end of the extension period.
(5) The extension period shall be taken to begin as follows—
(a) for the purposes of subsection (3) above, on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the custodial term;
(b) for the purposes of subsection (4) above, on the date on which, apart from that subsection, he would have been released unconditionally.
(6) Subject to sections 1A(1)(c) and 1B(11) of this Act and section 210A(3) of the 1995 Act and to any direction by the court which imposes an extended sentence, where a prisoner is subject to two or more extended sentences, the extension period which is taken to begin in accordance with subsection (5) above shall be the aggregate of the extension period of each of those sentences.
(7) For the purposes of sections 12(3) and 17(1) of this Act, and subject to subsection (8) below, the question whether a prisoner is a long-term or short-term prisoner shall be determined by reference to the extended sentence.
(8) Where a short-term prisoner serving an extended sentence in respect of a sexual offence is released on licence under subsection (4)(a) above, the provisions of section 17 of this Act shall apply to him as if he was a long-term prisoner.
(9) In relation to a prisoner subject to an extended sentence, the reference in section 17(5) of this Act to the prisoner being “liable to be detained in pursuance of his sentence” shall be construed as a reference to the prisoner being liable to be detained until the expiry of the extension period.
(10) For the purposes of this section “custodial term”, “extension period” and “imprisonment” shall have the same meaning as in section 210A of the 1995 Act.
(11) In section 1A(c) and section 16(1)(a) of this Act, the reference to the date on which a prisoner would have served his sentence in full shall mean, in relation to a prisoner subject to an extended sentence, the date on which the extended sentence, as originally imposed by the court, would expire.
(1) Where a prisoner is to be released by the Scottish Ministers, they may release the prisoner on a day that is earlier than the day on which the prisoner would otherwise fall to be released (but this is subject to subsections (2) and (3)).
(2) The release of a prisoner may be brought forward under subsection (1) only if, in the Scottish Ministers' opinion, it would be better for the prisoner's re-integration into the community for the prisoner to be released on the earlier day than on the day on which the prisoner would otherwise fall to be released.
(3) The release of a prisoner may not be brought forward under subsection (1) by more than 2 working days (that is, days other than a Saturday or Sunday or a public holiday as described in section 27(8)).
(4) In a case in which section 27(7) applies, a reference in this section to the day on which a prisoner would fall to be released is to the day on which the prisoner would fall to be released by virtue of that section.
(5) This section does not apply in relation to a prisoner who is serving a sentence of imprisonment for a term of less than 15 days.
(1) In this Part of this Act, except where the context otherwise requires—
“court” does not include a court-martial;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“life prisoner” means a person serving a sentence of imprisonment for life or in respect of whom there has been made an order for lifelong restriction;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000;
“long-term prisoner” means a person serving a sentence of imprisonment for a term of four years or more;
“order for lifelong restriction” means an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46);
“Parole Board” means the Parole Board for Scotland;
“local justice area” has the same meaning as in the Courts Act 2003 (c. 39);
“previous conviction” means—
a previous conviction by a court in any part of the United Kingdom, or
if the court considers appropriate, a previous conviction by a court in any member State of the European Union;
“relevant officer”, in relation to a local authority, means an officer of that authority employed by them in the discharge of their functions under section 27(1) of the Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prison etc.);
“risk management plan” shall be construed in accordance with section 6(1) of the Criminal Justice (Scotland) Act 2003 (asp 7);
“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years;
“supervised release order” has the meaning given by section 209 . . . of the 1995 Act but includes any order under subsection (2) of the said section 14; and
“supervising officer” has the meaning given by the said section 209.
(2) The Secretary of State may by order provide—
(a) that the references to four years in the definitions of “long-term prisoner” and “short-term prisoner” in subsection (1) above shall be construed as references to such other period as may be specified in the order;
(b) that any reference in this Part of this Act to a particular proportion of a prisoner’s sentence (other than a reference which may be amended under section 27A(1)) shall be construed as a reference to such other proportion of a prisoner’s sentence as may be so specified.
(3) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.
(4) For the purposes of this Part of this Act so far as relating to licences or persons released on licence, the age of any person at the time when sentence was passed on him shall be deemed to have been that which appears to the Secretary of State to have been his age at that time.
(4A) For the purposes of this Part of this Act, a term of imprisonment or detention—
(a) is wholly concurrent with another such term (or other such terms) if—
(i) it commences on the same date as that other term (or terms); and
(ii) it expires on the same date as that other term (or terms); and
(b) is partly concurrent with another such term (or other such terms) if—
(i) it commences on the same date as, and expires on a different date from, that other term (or terms); or
(ii) it commences on a different date from, but before the expiry of, that other term (or terms).
(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, or any part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall , subject to subsections (5A) and (5AA), be treated as a single term if—
(a) the sentences were passed at the same time; or
(b) where the sentences were passed at different times, the person has not been released under this Part of this Act at any time during the period beginning with the passing of the first sentence and ending with the passing of the last.
(5A) Subsection (5) does not apply in relation to a sentence passed on a person—
(a) in respect of an offence within section 1AB(2), and
(b) on or after the coming into force of paragraph 52(6) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021.
(5AA) Nor does subsection (5) apply in relation to a sentence (a “national security-related sentence”) imposed on a person under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security).
(5B) In determining, for the purposes of subsection (5), whether a sentence passed on a person in respect of an offence (other than a sentence passed on a person in respect of an offence within section 1AB(2) or a national security-related sentence) 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) or a national security-related sentence is to be ignored.
(6) If additional days are awarded in accordance with rules made under section 39(7) of the 1989 Act (and are not remitted in accordance with such rules), the period which the prisoner (or eventual prisoner) must serve before becoming entitled to or eligible for release shall be extended by those additional days.
(7) Where (but for this subsection) a prisoner would, under any provision of this Act or of the 1995 Act, fall to be released on or by a day which is a Saturday, Sunday or public holiday he shall instead be released on or by the last preceding day which is not a Saturday, Sunday or public holiday.
(8) For the purposes of this section “public holiday” means any day on which, in the opinion of the Secretary of State, public offices or other facilities likely to be of use to the prisoner in the area in which he is likely to be following his discharge from prison will be closed.
27A Power to modify timing of automatic early release
(1) The Scottish Ministers may by regulations amend—
(a) section 1 or 5 so as to provide that, instead of a prisoner being released as soon as the prisoner reaches the point in the prisoner’s sentence for the time being provided for in that section, the prisoner is to be released as soon as the prisoner reaches a different point,
(b) section 7 so as to provide that, instead of a person who is detained as a child being released as soon as the person reaches the point in the person’s sentence for the time being provided for in that section, the person is to be released as soon as the person reaches a different point,
(c) section 44 of the Criminal Procedure (Scotland) Act 1995 so as to provide that, instead of a person who is detained as a child being released no later than the point in the person’s period of detention for the time being provided for in that section, the person is to be released no later than a different point.
(2) Regulations under subsection (1)—
(a) may make provision applying to—
(i) a prisoner whose sentence began before the day on which the regulations come into force (the “commencement day”),
(ii) a person detained as a child for a period which continues immediately before the commencement day, or
(iii) a person who is subject to a licence under this Part immediately before the commencement day,
(b) may include incidental, supplementary, consequential, transitional, transitory or saving provision,
(c) may make different provision for different purposes,
(d) are subject to the affirmative procedure.
(3) Insofar as regulations under subsection (1) relate to the release of long-term prisoners or persons detained as children for the period mentioned in section 7(1)(b)—
(a) subsection (2) (c) does not apply, but
(b) the regulations may make different provision for different prisoners or persons detained as children based on when they were imprisoned or (as the case may be) detained.
(4) Provision made under subsection (2)(b) may amend section 27B.
(5) Before making regulations under subsection (1), the Scottish Ministers must consult—
(a) Community Justice Scotland,
(b) each local authority,
(c) each health board,
(d) the chief constable of the Police Service of Scotland,
(e) the Risk Management Authority,
(f) Social Care and Social Work Improvement Scotland,
(g) each integration joint board established by virtue of section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,
(h) persons who are providing support services to victims in relation to offences perpetrated against or in respect of those victims,
(i) such other persons as the Scottish Ministers consider appropriate.
(6) At the same time as laying draft regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must seek to make a statement to the Parliament on—
(a) their reasons for proposing that the regulations be made,
(b) the consultation they have carried out in connection with the draft regulations, and
(c) what information will be available to victims about the change that the draft regulations would make (if approved) and the release of prisoners under the provisions amended by the regulations.
(7) For the purposes of subsection (5)—
“health board” means a board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,
“support services” has the meaning given by section 34C(8) of the Community Justice (Scotland) Act 2016.
27B Power to make determinations in relation to persons transferred to Scotland
(1) Where a person is serving a sentence in respect of which the person has been or is to be transferred to Scotland under the Repatriation of Prisoners Act 1984, the Scottish Ministers may determine—
(a) where the person was convicted of the offence in respect of which the person is serving the sentence when the person was under the age of 18, that the person is to be treated for the purposes of section 7 as if the person had been detained under section 208 of the Criminal Procedure (Scotland) Act 1995, and
(b) where subsection (2) applies, that the person is to be treated for the purposes of section 1(1) or, as the case may be, section 7(1)(a) as if the sentence was passed in respect of an offence listed in section 1(1ZA) or, as the case may be, section 7(1ZB).
(2) This subsection applies where the act, omission or behaviour which led to the conviction for which the person is serving the sentence would have constituted an offence listed in section 1(1ZA) or, as the case may be, section 7(1ZB) if it had taken place in Scotland.
(3) The Scottish Ministers may by regulations make further provision about or in connection with the making of a determination under subsection (1)(a) or (b).
(4) Regulations under subsection (3)—
(a) may include incidental, supplementary, consequential, transitional, transitory or saving provision,
(b) may make different provision for different purposes,
(c) are subject to the affirmative procedure.
28A Prints, samples etc. in criminal investigations: supplementary provisions.
(1) This section applies where a person convicted of an offence—
(a) has not, since the conviction, had a sample, print or impression taken from him; or
(b) has (whether before or after the conviction) had a sample, print or impression taken from him but it was not suitable for the means of analysis for which it was taken or, though suitable, was insufficient (either in quantity or in quality) to enable information to be obtained by that means of analysis.
(2) Where this section applies, a constable may, within the permitted period—
(a) take from the convicted person fingerprints, palmprints and such other prints and impressions of an external part of the body as the constable reasonably considers it appropriate to take; and
(b) with the authority of an officer of a rank no lower than inspector, take from the person any sample mentioned in any of paragraphs (a) to (d) of subsection (4) of section 28 of this Act by the means specified in that paragraph in relation to that sample.
(3) A constable—
(a) may require the convicted person to attend a police station for the purposes of subsection (2) above;
(b) may, where the convicted person is in legal custody within the meaning of the 1975 Act, exercise the powers conferred by subsection (2) above in relation to the person in the place where he is for the time being.
(4) In subsection (2) above, “the permitted period” means—
(a) in a case to which paragraph (a) of subsection (1) above applies, the period of one month beginning with the date of the conviction;
(b) in a case to which paragraph (b) of that subsection applies, the period of one month beginning with the date on which a constable of the police force which instructed the analysis receives written intimation that the sample, print or impression was unsuitable or, as the case may be, insufficient as mentioned in that paragraph.
(5) A requirement under subsection (3)(a) above—
(a) shall give the person at least seven days’ notice of the date on which he is required to attend;
(b) may direct him to attend at a specified time of day or between specified times of day.
(6) Any constable may arrest without warrant a person who fails to comply with a requirement under subsection (3)(a) above.
Without prejudice to any power to do so apart from this section, prints, impressions and samples lawfully held by or on behalf of any police force or in connection with or as a result of an investigation of an offence and information derived therefrom may be checked against other such prints, impressions, samples and information.
After section 19 of the Wildlife and Countryside Act 1981 there shall be inserted the following section—
Evidence in Scotland as to taking or destruction of eggs.
19A In any proceedings in Scotland for an offence under section 1(1)(c) of, or by virtue of section 3(1)(a)(iii) of, this Act, the accused may be convicted on the evidence of one witness.
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There shall be paid out of money provided by Parliament—
(a) any sums required by the Secretary of State for defraying the expenses of the Parole Board for Scotland;
(b) any expenses incurred by the Secretary of State under section 21(2) of this Act;
(c) any administrative expenses incurred by the Secretary of State under this Act; and
(d) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(1) The power of the Secretary of State to make rules and orders under this Act shall be exercisable by statutory instrument.
(2) Any order made under section 12AA(3) or rule made under section 13 or 20(4) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) An order shall not be made under section 3AA(6), 6(3), 7(1A). . . or 27(2) of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
In this Act—
“the 1975 Act” means the Criminal Procedure (Scotland) Act 1975;
“the 1980 Act” means the Criminal Justice (Scotland) Act 1980; and
“the 1989 Act” means the Prisons (Scotland) Act 1989.
“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995
47 Minor and consequential amendments, transitional provisions, savings and repeals.
(1) The enactments mentioned in Schedule 5 to this Act shall have effect subject to the amendments there specified (being minor amendments and amendments consequential on the preceding provisions of this Act).
(2) The transitional provisions and savings contained in Schedule 6 to this Act shall have effect; but nothing in this subsection shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (effect of repeals).
(3) The enactments mentioned in Part I of Schedule 7 to this Act (which include some that are spent or no longer of practical utility) are hereby repealed to the extent specified in the third column of that Part and the instruments mentioned in Part II of that Schedule are hereby revoked to the extent specified in the third column of that Part.
(1) This Act may be cited as the Prisoners and Criminal Proceedings (Scotland) Act 1993.
(2) Subject to subsection (4) below, this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different provisions and for different purposes.
(3) An order under subsection (2) above may make such transitional provisions and savings as appear to the Secretary of State necessary or expedient in connection with any provision brought into force by the order.
(4) This section and, in so far as relating to paragraph 5 of Schedule 5 to this Act, section 47(1) of this Act shall come into force on the day on which this Act is passed.
(5) Subject to subsection (6) below, this Act extends to Scotland only.
(6) This section and the following provisions of this Act also extend to England and Wales—
section 12(2);
section 14(4);
section 15;
section 16(1) and (3);
section 27;
section 46; and
in section 47, subsection (1) in so far as relating to paragraphs 1(38) and 3 of Schedule 5, and subsection (3) in so far as relating to the entry in Schedule 7 in respect of the Criminal Justice Act 1991.
(7) Nothing in subsection (5) above affects the extent of this Act in so far as it amends or repeals any provision of the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957.
SCHEDULE 1 Consecutive and Concurrent Terms of Imprisonment
Section 1(8).
General
1 This Schedule applies as respects the release of a person on whom there has been imposed—
(a) a term of imprisonment on conviction of an offence (“his offence term”); and
(b) a term of imprisonment or detention mentioned in section 5(1)(a) or (b) of this Act (“his non-offence term”).
Consecutive terms of imprisonment
2 (1) Where his offence term and his non-offence term are consecutive, whichever term follows the other shall be taken as beginning on the day after he is released as respects the other term.
(2) For the purposes of sub-paragraph (1) above, where his offence term and his non-offence term are imposed on the same date, his non-offence term shall be taken to follow his offence term.
Concurrent terms of imprisonment
2A Where his offence term and his non-offence term are wholly or partly concurrent, section 1(1) to (3) of this Act (so far as relevant to the term in question and whether or not modified by section 5(2) of this Act or as read with section 220 of the 1995 Act (reduction of term in certain circumstances)) shall apply separately to each term (that is to say, in particular, he may be released as respects one of the terms even if he is not for the time being eligible for release as respects the other term).
Wholly concurrent terms of imprisonment
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Partly concurrent terms of imprisonment
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1A Offences carrying restricted eligibility of terrorist prisoners for release on licence
Section 1AB
PART 1 Terrorism offences punishable with imprisonment for life
1 An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 54 (weapons training);
(b) section 56 (directing a terrorist organisation);
(c) section 59 (inciting terrorism overseas: England and Wales), other than an offence which is an offence by virtue of subsection (2)(c) of that section;
(d) section 60 (inciting terrorism overseas: Northern Ireland), other than an offence which is an offence by virtue of subsection (2)(c) of that section;
(e) section 61 (inciting terrorism overseas: Scotland).
2 An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 5 (preparation of terrorist acts);
(b) section 6 (training for terrorism);
(c) section 9 (making or possession of radioactive device or material);
(d) section 10 (misuse of radioactive device or material for terrorist purposes etc);
(e) section 11 (terrorist threats relating to radioactive devices etc).
3 (1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”).
(2) Conspiracy to commit a listed offence.
(3) Incitement to commit a listed offence.
(4) Aiding, abetting, counselling or procuring the commission of a listed offence.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.
4 An offence that—
(a) was abolished before the coming into force of this Schedule, and
(b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule.
PART 2 Terrorism offences punishable with imprisonment for more than two years (but not life)
5 An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 11 (membership of a proscribed organisation);
(b) section 12 (inviting or expressing support for a proscribed organisation);
(c) section 15 (fund-raising);
(d) section 16 (use of money or property for terrorist purposes);
(e) section 17 (involvement in terrorist funding arrangements);
(f) section 17A (insuring payments made in response to terrorist threats);
(g) section 18 (laundering of terrorist property);
(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);
(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);
(j) section 38B (failure to disclose information about acts of terrorism);
(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);
(l) section 57 (possession of article for terrorist purposes);
(m) section 58 (collection of information likely to be of use to a terrorist);
(n) section 58A (publishing information about members of the armed forces etc);
(o) section 58B (entering or remaining in a designated area);
(p) section 59 (inciting terrorism overseas: England and Wales), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861;
(q) section 60 (inciting terrorism overseas: Northern Ireland), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861.
6 An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substances to harm or intimidate).
7 An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 1 (encouragement of terrorism);
(b) section 2 (dissemination of terrorist publications);
(c) section 8 (attendance at a place used for terrorist training).
8 An offence under any of the following provisions of the Counter-Terrorism Act 2008—
(a) section 54 (breach of police notification requirements etc);
(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
9 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).
10 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).
11 (1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”).
(2) Conspiracy to commit a listed offence.
(3) Incitement to commit a listed offence.
(4) Aiding, abetting, counselling or procuring the commission of a listed offence.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.
12 An offence that—
(a) was abolished before the coming into force of this Schedule, and
(b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule.
PART 3 Other offences punishable with imprisonment for life
13 Culpable homicide.
14 Manslaughter (under the law of England and Wales or Northern Ireland).
15 Abduction.
16 Assault by explosive device.
17 Assault to severe injury.
18 Assault and poisoning.
19 Poisoning.
20 Robbery.
21 Assault with intent to rob.
22 Wilful fire-raising.
23 Malicious mischief.
24 Kidnapping (under the law of England and Wales or Northern Ireland).
25 False imprisonment (under the law of England and Wales or Northern Ireland).
26 Riot (under the law of Northern Ireland).
27 Affray (under the law of Northern Ireland).
28 An offence under any of the following provisions of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder);
(b) section 18 (wounding with intent to cause grievous bodily harm);
(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence);
(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
(e) section 28 (causing bodily injury by explosives);
(f) section 29 (using explosives etc with intent to do grievous bodily harm);
(g) section 32 (endangering the safety of railway passengers).
29 An offence under any of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property);
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
(c) section 4 (making or possession of explosive under suspicious circumstances);
(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).
30 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
31 An offence under section 1 of the Infanticide Act 1938 (infanticide).
32 An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5 (N.I.)) (infanticide).
33 An offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) (child destruction).
34 An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of firearm with intent to endanger life);
(b) section 17(1) (use of firearm to resist arrest);
(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
(d) section 18 (carrying a firearm with criminal intent).
35 An offence under either of the following provisions of the Theft Act 1968—
(a) section 8 (robbery or assault with intent to rob);
(b) section 10 (aggravated burglary).
36 An offence under either of the following provisions of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))—
(a) section 8 (robbery);
(b) section 10 (aggravated burglary).
37 (1) An offence of arson under section 1 of the Criminal Damage Act 1971.
(2) An offence under section 1(2) of that Act (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.
38 An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).
39 (1) An offence of arson under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)).
(2) An offence under Article 3(2) of that Order (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.
40 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
41 An offence under any of the following provisions of the Aviation Security Act 1982—
(a) section 1 (hijacking);
(b) section 2 (destroying, damaging or endangering safety of aircraft);
(c) section 3 (other acts endangering or likely to endanger safety of aircraft);
(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).
42 An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—
(a) section 1B (offences relating to damage to the environment);
(b) section 2 (preparatory acts and threats).
43 An offence under section 134 of the Criminal Justice Act 1988 (torture).
44 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
(a) section 1 (endangering safety at aerodromes);
(b) section 9 (hijacking of ships);
(c) section 10 (seizing or exercising control of fixed platforms);
(d) section 11 (destroying ships or fixed platforms or endangering their safety);
(e) section 12 (other acts endangering or likely to endanger safe navigation);
(f) section 13 (offences involving threats);
(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).
45 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
46 An offence under either of the following provisions of the Chemical Weapons Act 1996—
(a) section 2 (use etc of chemical weapons);
(b) section 11 (premises or equipment used for producing chemical weapons).
47 An offence under any of the following provisions of the International Criminal Court Act 2001, other than an offence involving murder—
(a) section 51 (genocide, crimes against humanity and war crimes: England and Wales);
(b) section 52 (conduct ancillary to genocide etc: England and Wales);
(c) section 58 (genocide, crimes against humanity and war crimes: Northern Ireland);
(d) section 59 (conduct ancillary to genocide etc: Northern Ireland).
48 An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons);
(b) section 50 (assisting or inducing certain weapons-related acts overseas).
49 An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
50 An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—
(a) Article 58(1) (possession of firearm with intent to endanger life etc);
(b) Article 59(1) (use of firearm to resist arrest);
(c) Article 59(2) (possession of firearm while committing other offence);
(d) Article 60 (carrying a firearm with criminal intent).
51 An offence under either of the following provisions of the Modern Slavery Act 2015—
(a) section 1 (slavery, servitude and forced or compulsory labour);
(b) section 2 (human trafficking).
52 An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)—
(a) section 1 (human trafficking);
(b) section 4 (slavery, servitude and forced or compulsory labour).
53 An offence under either of the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))—
(a) section 1 (slavery, servitude and forced or compulsory labour);
(b) section 2 (human trafficking).
54 An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—
(a) paragraph 1 (hijacking of spacecraft);
(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);
(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);
(d) paragraph 4 (endangering safety at spaceports).
55 (1) An attempt to commit an offence specified in a preceding paragraph of this Part of this Schedule (“a listed offence”).
(2) Conspiracy to commit a listed offence.
(3) Incitement to commit a listed offence.
(4) Aiding, abetting, counselling or procuring the commission of a listed offence.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which a listed offence is the offence (or one of the offences) which the person intended or believed would be committed.
56 (1) An attempt to commit murder.
(2) Conspiracy to commit murder.
(3) Incitement to commit murder.
(4) Aiding, abetting, counselling or procuring murder.
(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.
57 An offence that—
(a) was abolished before the coming into force of this Schedule, and
(b) if committed on the day on which this Schedule came into force, would have constituted an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Section 20(6).
Membership
1 The Parole Board shall consist of a chairperson and not less than four other members appointed by the Secretary of State.
1A In making those appointments, the Scottish Ministers shall comply with such requirements as to procedure and consultation as may be prescribed in regulations made by them.
1B In making regulations under paragraph 1A above, the Scottish Ministers may make different provision for different kinds of members of the Board, including the kinds of members having the respective qualifications for office specified in paragraph 2 below.
2 The Parole Board shall include among its members—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a person appearing to the Secretary of State to have knowledge and experience of the supervision or aftercare of discharged prisoners; and
(d) a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
Limitation, termination etc. of appointment of members
2A An appointment as a member of the Parole Board shall, subject to paragraphs 2B to 2D below, last for the period of 5 years beginning with the date of appointment specified in the instrument of appointment.
2B A member of the Parole Board may resign at any time by giving notice to that effect to the Scottish Ministers.
2C An appointment of a person as a member of the Parole Board shall not extend beyond the day when the person reaches the age of 75.
2D The appointment of a member of the Parole Board shall come to an end upon the member’s being removed from office under paragraph 3 below.
2DA (1) A person who has been a member of the Parole Board is eligible for appointment to the membership on a subsequent occasion.
(2) The exception to this is where the person's membership has previously ceased by virtue of—
(a) paragraph 2C, or
(b) paragraph 2D.
2E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Automatic reappointment
2HA (1) A member of the Parole Board is to be reappointed to the membership on the expiry of the period of the member's appointment, unless—
(a) in any case, sub-paragraph (2) applies, or
(b) where the member is not the chairperson, sub-paragraph (3) applies.
(2) This sub-paragraph applies if the member has declined to be reappointed.
(3) This sub-paragraph applies if the Scottish Ministers have accepted a recommendation made to them by the chairperson that the other member should not be reappointed.
(4) A recommendation of that kind may be made to the Scottish Ministers only if the chairperson is satisfied that—
(a) the other member has failed to comply with any of the terms and conditions of membership by which the member is bound, or
(b) the number of members required for the Board to carry out its functions is such that the services of the other member are no longer needed.
(5) The instrument of appointment of the member may be annotated or reissued so as to show that the member is reappointed under sub-paragraph (1).
2HB (1) Sub-paragraphs (2) and (3) apply in connection with paragraph 2HA(1).
(2) The reference in paragraph 2HA(1) to the period of the appointment includes each period of reappointment under that paragraph.
(3) In addition—
(a) the provisions of paragraphs 1 to 2D apply in relation to reappointment under paragraph 2HA(1) as well as applying otherwise, and
(b) the references in paragraphs 1 to 2D to appointment are so far as necessary for this purpose to be read as including reappointment,
which in particular means that reappointment is for 5 years at a time.
Performance of duties
2J The chairperson of the Parole Board shall have regard to the desirability of securing that every member of the Parole Board is given the opportunity of participating appropriately in the functions of the Board under this Act on not fewer than 20 days in each successive period of 12 months beginning with the day of the member’s appointment as such.
Exercise of chairperson’s functions by other members
2K (1) A function conferred on the chairperson of the Parole Board may be exercised by another member of the Parole Board in accordance with the scheme prepared under sub-paragraph (3).
(2) Another member’s being authorised by the scheme to exercise one of the chairperson’s functions does not preclude the chairperson from exercising that function.
(3) The chairperson must prepare a scheme that authorises another member, or members, to exercise the functions conferred on the chairperson.
(4) The scheme—
(a) must be framed so that a member is, or a combination of members are, authorised to discharge all of the chairperson’s functions in the following circumstances—
(i) there is no chairperson,
(ii) the chairperson is unable to exercise the functions for any reason (for example due to ill health), and
(b) may be framed so that, outwith those circumstances, other members are authorised to discharge any, or all, of the chairperson’s functions either at any time or in circumstances specified by the scheme.
(5) The chairperson may modify the scheme at any time.
(6) The Parole Board must make the scheme publicly available.
(7) Only the chairperson may prepare and modify the scheme; accordingly, the references to the chairperson’s functions elsewhere in this paragraph do not include the functions of preparing and modifying the scheme.
2L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Removal of members from office
3 A member of the Parole Board may be removed from office by and only by order of the tribunal constituted by and under paragraph 3B below (“the tribunal”).
3A The tribunal may order the removal from office of a member only if, after investigation carried out at the request of the Scottish Ministers, it finds that the member is unfit for office by reason of inability, neglect of duty or misbehaviour.
3B The tribunal shall consist of the following three members, who shall be appointed by the Lord President of the Court of Session—
(a) either a Senator of the College of Justice or a sheriff principal (who shall preside);
(b) a person who is, and has been for at least ten years, legally qualified; and
(c) one other person who shall not be legally qualified.
3C For the purposes of paragraph 3B above, a person is legally qualified if that person is an advocate or a solicitor.
3D Regulations, made by the Scottish Ministers—
(a) may make provision enabling the tribunal, at any time during an investigation, to suspend a member from office and providing as to the effect and duration of such suspension; and
(b) shall make such further provision as respects the tribunal as the Scottish Ministers consider necessary or expedient, including provision for the procedure to be followed by and before it.
Remuneration and allowances
4 There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may . . . determine.
5 The expenses of the Board under paragraph 4 above and any other expenses incurred by the Board in discharging the functions mentioned in section 20(1) of this Act shall be defrayed by the Secretary of State.
Reports
6 The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year, and the Secretary of State shall lay a copy of the report before Parliament.
Regulations
6A Regulations under paragraphs 1A and 3D above shall be made by statutory instrument.
6B No such regulations shall be made unless laid in draft before, and approved by resolution of, the Scottish Parliament.
Production of copy documents
1 (1) For the purposes of any criminal proceedings a copy of, or of a material part of, a document, purporting to be authenticated in such manner and by such person as may be prescribed, shall unless the court otherwise directs, be—
(a) deemed a true copy; and
(b) treated for evidential purposes as if it were the document, or the material part, itself,
whether or not the document is still in existence.
(2) For the purposes of this paragraph it is immaterial how many removes there are between a copy and the original.
(3) In this paragraph, “copy” includes a transcript or reproduction.
Statements in business documents
2 (1) Except where it is a statement such as is mentioned in paragraph 3(b) and (c) below, a statement in a document shall be admissible in criminal proceedings as evidence of any fact or opinion of which direct oral evidence would be admissible, if the following conditions are satisfied—
(a) the document was created or received in the course of, or for the purposes of, a business or undertaking or in pursuance of the functions of the holder of a paid or unpaid office;
(b) the document is, or at any time was, kept by a business or undertaking or by or on behalf of the holder of such an office; and
(c) the statement was made on the basis of information supplied by a person (whether or not the maker of the statement) who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in it.
(2) Sub-paragraph (1) above applies whether the information contained in the statement was supplied directly or indirectly unless, in the case of information supplied indirectly, it appears to the court that any person through whom it was so supplied did not both receive and supply it in the course of a business or undertaking or as or on behalf of the holder of a paid or unpaid office.
(3) Where in any proceedings a statement is admitted as evidence by virtue of this paragraph—
(a) any evidence which, if—
(i) the maker of the statement; or
(ii) where the statement was made on the basis of information supplied by another person, such supplier,
had been called as a witness, would have been admissible as relevant to the witness’s credibility shall be so admissible in those proceedings;
(b) evidence may be given of any matter which, if the maker or as the case may be the supplier had been called as a witness, could have been put to him in cross-examination as relevant to his credibility but of which evidence could not have been adduced by the cross-examining party; and
(c) evidence tending to prove that the maker or as the case may be the supplier, whether before or after making the statement or supplying the information on the basis of which the statement was made, made (in whatever manner) some other representation which is inconsistent with the statement shall be admissible for the purpose of showing that he has contradicted himself.
(4) In sub-paragraph (3)(c) above, “representation” does not include a representation in a precognition.
3 A statement in a document shall be admissible in criminal proceedings as evidence of the fact that the statement was made if—
(a) the document satisfies the conditions mentioned in sub-paragraph (1)(a) and (b) of paragraph 2 above;
(b) the statement is made, whether directly or indirectly, by a person who in those proceedings is an accused; and
(c) the statement, being exculpatory only, exculpates the accused.
Documents kept by businesses etc.
4 Unless the court otherwise directs, a document may in any criminal proceedings be taken to be a document kept by a business or undertaking or by or on behalf of the holder of a paid or unpaid office if it is certified as such by a docquet in the prescribed form and purporting to be authenticated, in such manner as may be prescribed—
(a) by a person authorised to authenticate such a docquet on behalf of the business or undertaking by which; or
(b) by, or by a person authorised to authenticate such a docquet on behalf of, the office-holder by whom,
the document was kept.
Statements not contained in business documents
5 (1) In any criminal proceedings, the evidence of an authorised person that a document which satisfies the conditions mentioned in paragraph 2(1)(a) and (b) above does not contain a relevant statement as to a particular matter (or that no document, within a category of documents satisfying those conditions, contains such a statement) shall be admissible evidence whether or not the whole or any part of that document (or of the documents within that category and satisfying those conditions) has been produced in the proceedings.
(2) For the purposes of sub-paragraph (1) above, a relevant statement is a statement which is of the kind mentioned in paragraph 2(1)(c) above and which, in the ordinary course of events, the document (or the document had there been one) might reasonably have been expected to contain.
(3) The evidence referred to in sub-paragraph (1) above may, unless the court otherwise directs, be given by means of a certificate by the authorised person in the prescribed form and purporting to be authenticated in such manner as may be prescribed.
(4) In this paragraph, “authorised person” means a person authorised to give evidence—
(a) on behalf of the business or undertaking by which; or
(b) as or on behalf of the office-holder by or on behalf of whom,
the document is or was kept.
Additional evidence where evidence from business documents challenged
6 (1) This sub-paragraph applies where—
(a) evidence has been admitted by virtue of paragraph 2(3) above; or
(b) the court has made a direction under paragraph 1(1), 4 or 5(3) above.
(2) Where sub-paragraph (1) above applies in solemn criminal proceedings the judge may, without prejudice to sections 149 and 149A of the 1975 Act, on a motion of the prosecutor or defence at any time before the commencement of the speeches to the jury, permit him to lead additional evidence of such description as the judge may specify.
(3) Subsections (2) and (3) of section 149 of the 1975 Act shall apply in relation to sub-paragraph (2) above as they apply in relation to subsection (1) of that section.
(4) Where sub-paragraph (1) above applies in summary criminal proceedings the judge may, without prejudice to sections 350 and 350A of the 1975 Act, on a motion of the prosecutor or defence at any time before the prosecutor proceeds to address the judge on the evidence, permit that party to lead additional evidence of such description as the judge may specify.
(5) Subsections (2) and (3) of section 350 of the 1975 Act shall apply in relation to sub-paragraph (4) above as they apply in relation to subsection (1) of that section.
General
7 (1) Nothing in this Schedule—
(a) shall prejudice the admissibility of a statement made by a person other than in the course of giving oral evidence in court which is admissible otherwise than by virtue of this Schedule;
(b) shall affect the operation of the Bankers’ Books Evidence Act 1879;
(c) shall apply to—
(i) proceedings commenced; or
(ii) where the proceedings consist of an application to the sheriff by virtue of section 42(2)(c) of the Social Work (Scotland) Act 1968, an application made,
before this Schedule comes into force.
(2) For the purposes of sub-paragraph (1)(c)(i) above, solemn proceedings are commenced when the indictment is served.
(3) In section 6 of the Bankers’ Books Evidence Act 1879 (case in which banker not compellable to produce book), after the word “1988” there shall be inserted the words “ or Schedule 3 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 ”.
8 In this Schedule—
“business” includes trade, profession or other occupation;
“criminal proceedings” includes any hearing by the sheriff under section 42 of the Social Work (Scotland) Act 1968 of an application for a finding as to whether grounds for the referral of a child’s case to a children’s hearing are established, in so far as the application relates to the commission of an offence by the child;
“document” includes, in addition to a document in writing—
any map, plan, graph or drawing;
any photograph;
any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
any film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;
“film” includes a microfilm;
“made” includes allegedly made;
“prescribed” means prescribed by Act of Adjournal;
“statement” includes any representation (however made or expressed) of fact or opinion, including an instruction, order or request, but, except in paragraph 7(1)(a), does not include a statement which falls within one or more of the following descriptions—
a statement in a precognition;
a statement made for the purposes of or in connection with—
(i) pending or contemplated criminal proceedings; or
(ii) a criminal investigation; or
(c) a statement made by an accused person in so far as it incriminates a co-accused; and
“undertaking” includes any public or statutory undertaking, any local authority and any government department.