Office of Public Sector Information

SCHEDULE 1 Order for lifelong restriction: modification of enactments

(introduced by section 1(2))

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

1 (1) The 1993 Act is amended in accordance with this paragraph.

(2) In section 2 (duty to release discretionary life prisoners)—

(a) in subsection (1), after paragraph (aa) there is inserted “or

(ab) who is subject to an order for lifelong restriction in respect of an offence,”;

(b) in subsection (2)(aa)—

(i) after the words “paragraph (a)” there is inserted “or (ab)”; and

(ii) in sub-paragraph (i), after the word “life” there is inserted “, or as the case may be not made the order for lifelong restriction,”;

(c) in subsection (3), after the words “subsection (1) above” there is inserted “or makes an order for lifelong restriction”;

(d) after subsection (9) there is added—

“(10) In subsection (9) above, the reference to “sentences of imprisonment for life” is to be construed as including a reference to any sentence constituted by an order for lifelong restriction.”.

(3) In section 27(1) (interpretation)—

(a) in the definition of “life prisoner”, at the end there is added “or in respect of whom there has been made an order for lifelong restriction”; and

(b) the following definitions are inserted at the appropriate places—

““order for lifelong restriction”means an order under section 210F(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46);”

““risk management plan”shall be construed in accordance with section 6(1) of the Criminal Justice (Scotland) Act 2003 (asp 7);”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

2 (1) The 1995 Act is amended in accordance with this paragraph.

(2) In section 69 (notice of previous convictions)—

(a) after subsection (4) there is inserted—

“(4A) A notice served under subsection (2) or (4) above shall include any details which the prosecutor proposes to provide under section 101(3A) of this Act; and subsection (3) above shall apply in relation to intimation objecting to the provision of such details, on the grounds that they do not apply to the accused or are otherwise inadmissible, as it applies in relation to intimation objecting to a conviction.”; and

(b) in subsection (5), after the word “section” there is inserted “, or to the provision of such details as are, by virtue of subsection (4A) above, included in a notice so served,”.

(3) In section 101 (previous convictions: solemn proceedings)—

(a) in subsection (3), the existing words “for sentence” become paragraph (a); and after that paragraph there is inserted the word “; or” and the following paragraph—

“(b) for a risk assessment order (or the court at its own instance proposes to make such an order)”; and

(b) after that subsection there is inserted—

“(3A) Where, under paragraph (b) of subsection (3) above, the prosecutor lays previous convictions before the judge, he shall also provide the judge with such details regarding the offences in question as are available to him.”.

(4) In section 106(1) (right of appeal), after paragraph (b) there is inserted—

“(ba) against the making of an order for lifelong restriction;”.

(5) In section 195(1) (sheriff’s duty in certain circumstances to remit convicted person to High Court for sentence), after—

(a) the word “inadequate” there is inserted “or it appears to him that the criteria mentioned in section 210E of this Act (that is to say, the risk criteria) may be met”; and

(b) the words “so that” there is inserted “, in either case,”.

(6) In section 204(2A) (restrictions on passing sentence of imprisonment or detention), after the word “court” there is inserted “, unless it has made a risk assessment order in respect of the person,”.

(7) In section 307(1) (interpretation), the following definitions are inserted at the appropriate places—

““order for lifelong restriction”means an order under section 210F(1) of this Act;”

““risk assessment order”means an order under section 210B(2) of this Act;”

““risk assessment report”has the meaning given by section 210B(3)(a) of this Act;”.

SCHEDULE 2 Constitution etc. of the Risk Management Authority

(introduced by section 3(3))

Status

1 The Risk Management Authority (“the Authority”) is a body corporate.

2 The Authority—

(a) is not a servant or agent of the Crown; and

(b) has no status, immunity or privilege of the Crown,

and its property is not to be regarded as property of, or held on behalf of, the Crown.

Membership

3 (1) The Authority consists of such members (including a convener) as the Scottish Ministers may appoint.

(2) Each member—

(a) is appointed for such period, not exceeding 5 years, as is specified in the terms of the appointment;

(b) holds and vacates office in accordance with those terms;

(c) is eligible for reappointment but may not hold office for a period exceeding 10 years in aggregate;

(d) may, by written notice to the Scottish Ministers, resign membership.

(3) The Scottish Ministers may remove a member from office if they are satisfied that the member—

(a) without reasonable excuse, has not complied with the terms of the appointment;

(b) is otherwise unable or unfit to discharge the functions of member or is unsuitable to continue as a member.

Procedure

4 (1) The Authority may regulate its own procedure (including any quorum).

(2) The validity of any proceedings of the Authority is not affected by any vacancy in membership nor any defect in the appointment of a member.

Remuneration, allowances and pensions

5 (1) The Authority may, with the approval of the Scottish Ministers, pay—

(a) such remuneration and allowances to its members; and

(b) in respect of any office held by a person as member—

(i) such pension, allowance or gratuity to or in respect of the person; and

(ii) such contribution or other payment towards provision of such pension, allowance or gratuity,

as it may with such approval determine.

(2) Where a person ceases to be a member otherwise than on expiry of term of office, the Authority may, exceptionally and with the approval of the Scottish Ministers, pay to the person such amount by way of compensation for loss of office as it may with such approval determine.

Staff

6 (1) The Authority may, with the approval of the Scottish Ministers, appoint such employees as it considers are required on such terms and conditions as it may with such approval determine.

(2) The authority is to—

(a) pay such pensions, allowances and gratuities to or in respect of its employees or former employees;

(b) make such payment towards provision of such pensions, allowances or gratuities; and

(c) provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances and gratuities,

as it may with the approval of the Scottish Ministers determine.

(3) References in sub-paragraph (2) to pensions, allowances or gratuities include their provision by way of compensation for loss of office or employment.