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Paragraph 9 I1I2

(1)

In this Schedule “Scottish common law prison offence” means—

(a)

an offence at common law in Scotland committed by assisting a prisoner in a penal institution in Scotland in escaping or attempting to escape from the institution;

(b)

an offence at common law in Scotland committed by, intending to facilitate the escape of a prisoner from a penal institution in Scotland, doing any of the following things—

(i)

bringing, throwing or otherwise conveying anything into the institution;

(ii)

causing another person to bring, throw or otherwise convey anything into the institution;

(iii)

giving anything to a prisoner or leaving anything in any place (whether inside or outside the institution).

(2)

In this paragraph—

  • “penal institution” has the meaning given by section 108 of the Criminal Justice (Scotland) Act 2016;

  • “prisoner” means a person who is detained or imprisoned in such an institution.

Annotations

Commencement

I1

Sch. 8 para. 9 in force at 29.4.2021 for specified purposes, see s. 21(1)(a)

I2

Sch. 8 para. 9 in force at 29.6.2021 in so far as not already in force by S.I. 2021/748, reg. 2(k)