Article 55 Amendment of rule 141 of the principal Rules
Rule 141 of the principal Rules is amended in accordance with the following paragraphs of this rule.
For paragraph (1) there is substituted–
“(1)This rule applies to a person–
(a)who was, at 1st October 1993, serving a sentence of imprisonment for a term of more than 5 days which was imposed before that date or was liable to be detained in pursuance of such a sentence (whether or not he was then absent with or without authority or by reason of admission to bail or otherwise);
(b)who was, at 1st October 1993, serving a sentence of detention in a young offenders institution for a term of more than 5 days which was imposed before that date or was liable to be detained in pursuance of such a sentence (whether or not he was then absent with or without authority or by reason of admission to bail or otherwise);
(c)who was, at 1st October 1993, detained in prison on committal for a term of more than 5 days for contempt of court where the committal was made before that date;
(d)who was transferred to Scotland before 25th October 1996 in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 and who–
(i)was still serving a sentence, which was imposed before 1st October 1993 in the country or territory from which he was transferred, on 25th October 1996; and
(ii)continues to serve that sentence;
(e)who was transferred to Scotland on or after 25th October 1996 in pursuance of a warrant issued under the said Act of 1984 and who is serving a sentence which was imposed before 1st October 1993 in the country or territory from which he was transferred; or
(f)who is serving a sentence of imprisonment or of detention in a young offenders institution for a term of more than 5 days which was imposed in another part of the United Kingdom, in any of the Channel Islands or in the Isle of Man before 1st October 1993 and who has been transferred to Scotland by virtue of–
(i)an order made under section 26 of the Criminal Justice Act 1961 before 1st October 1997; or
(ii)an order made under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 on or after 1st October 1997 in terms of which the transfer is an unrestricted transfer with the meaning of that Schedule.”.
After paragraph (4) there is inserted the following paragraph:–
“(4A)For the purposes of the application of this rule to a person mentioned in paragraph (1)(d) or (e), the reference in paragraph (4) to the person’s sentence shall be construed as a reference to the term included in a warrant under the said Act of 1984 which is equivalent to a sentence.”.