Paragraph 1 I1

(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);”.

Annotations

Commencement

I1: Sch. 1 para. 1 wholly in force at 19.6.2006; para. 1 not in force at Royal Assent, see s. 89(2); para. 1(3)(b) in force at 4.10.2005 by S.S.I. 2005/433, art. 2; para. 1 in force otherwise at 19.6.2006 by S.S.I. 2006/332, art. 2 (for the purposes there specified)