Section 44 Determination that section 42(3) applicable: consequences for life prisonersC1

Not yet in force

(1)

This section applies where the Parole Board determines, under subsection (2) of section 42, that subsection (3) of that section applies to a life prisoner.

(2)

The Parole Board must give the prisoner reasons in writing for its determination.

(3)

The Parole Board must, subject to section 26, fix a date falling within the period mentioned in subsection (4) on which it will next consider the prisoner's case.

(4)

That period is the period—

(a)

beginning with the day falling 4 months after the day of the determination, and

(b)

ending immediately before the second anniversary of the day of the determination.

(5)

The Scottish Ministers must refer the case to the Parole Board before the date fixed under subsection (3).

Annotations

Modifications

C1: Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2