The Criminal Justice (Scotland) Act 2003 (Commencement No. 9) Order 2006
S.S.I. 2006/332 · Made 7 June 2006
CRIMINAL LAW
Made 7th June 2006
The Scottish Ministers, in exercise of the powers conferred by section 89(2) and (3) of the Criminal Justice (Scotland) Act 2003f1, hereby make the following Order:
Annotations to the whole text
Footnotes
- f1
Contents
1Citation and interpretation
This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 9) Order 2006.
In this Order “the Act” means the Criminal Justice (Scotland) Act 2003.
2Commencement
The day appointed for the coming into force of section 1 of, and schedule 1 to, the Act is 19th June 2006 but subject to paragraph (2), only for the purposes of sentences imposed for offences committed on or after 20th June 2006.
In respect of sentences imposed for offences for which life imprisonment was the maximum sentence which could be imposed at the time the offence was committed, the provisions of section 1 of, and schedule 1 to, the Act shall come into force only for the purposes of sentences imposed in cases which are commenced on or after 20th June 2006.
For the purposes of paragraph (2) above, cases are taken to have commenced when a report of the case has been received by the procurator fiscal.
Signature
CATHY JAMIESON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
7th June 2006
Explanatory note
This note is not part of the Order
This Order brings into force on 19th June 2006 section 1 of, and Schedule 1 to, the Criminal Justice (Scotland) Act 2003.
Section 1 inserts new sections 210B–210H into the Criminal Procedure (Scotland) Act 1995 (c. 46) (“the 1995 Act”), making provision for the assessment and sentencing of serious violent and sexual offenders. Schedule 1 makes consequential amendments to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) and the 1995 Act.
The sections brought into force by this Order apply to sentences imposed for offences committed on or after 20th June 2006, except for cases in which the maximum sentence which could have been imposed at the time the offence was committed was life imprisonment; in such cases, the sections brought into force by this Order apply to sentences imposed in cases which are commenced on or after 20th June 2006 (i.e. cases in which a report of the case is received by the procurator fiscal on or after 20th June 2006).