9.—(1) In relation to a long-term prisoner who is liable to removal from the United Kingdom, section 1(3) of this Act shall have effect as if the words ", if recommended to do so by the Parole Board," were omitted.

(2) In relation to a person who is liable to removal from the United Kingdom, section 12 of this Act shall have effect as if subsection (2) were omitted.

(3) For the purposes of this section, a person is liable to removal from the United Kingdom if he—

(a) is liable to deportation under section 3(5) of the [1971 c. 77.] Immigration Act 1971 and has been notified of a decision to make a deportation order against him;

(b) is liable to deportation under section 3(6) of that Act;

(c) has been notified of a decision to refuse him leave to enter the United Kingdom; or

(d) is an illegal immigrant within the meaning of section 33(1) of that Act.

10.—(1) In a case where a transferred life prisoner transferred from England and Wales (whether before or after the commencement of this section) is, by virtue of an order under section 34 of the [1991 c. 53.] Criminal Justice Act 1991, a discretionary life prisoner for the purposes of Part II of that Act, this Part of this Act except sections 1(4) and 2(9) shall apply as if—

(a) the prisoner were a discretionary life prisoner within the meaning of section 2 of this Act; and

(b) the relevant part of his sentence within the meaning of that section were the relevant part specified in the order under the said section 34.

(2) In the case of any other transferred life prisoner, subsection (3) below applies where the Lord Justice General, whom failing the Lord Justice Clerk, certifies his opinion that, if the prisoner had been sentenced for his offence in Scotland after the commencement of section 2 of this Act, the court by which he was so sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

(3) In a case to which this subsection applies, this Part of this Act except sections 1(4) and 2(9) shall apply as if—

(a) the transferred life prisoner were a discretionary life prisoner within the meaning of section 2 of this Act; and

(b) the relevant part of his sentence within the meaning of that section were the part specified in the certificate.

(4) In this section "transferred life prisoner" means a person—

(a) on whom a court in a country or territory outside Scotland has imposed one or more sentences of imprisonment or detention for an indeterminate period; and

(b) who has been transferred to Scotland, in pursuance of—

(i) an order made by the Secretary of State under section 26 of the [1961 c. 39.] Criminal Justice Act 1961 or section 2 of the [1884 c. 31.] Colonial Prisoners Removal Act 1884; or

(ii) a warrant issued by the Secretary of State under the [1984 c. 47.] Repatriation of Prisoners Act 1984,

there to serve, or to serve the remainder of, his sentence or sentences.

(5) Where a transferred life prisoner has been transferred to Scotland to serve the whole or part of two or more sentences referred to in subsection (4)(a) above—

(a) he shall be treated as a discretionary life prisoner (within the meaning of section 2 of this Act) for the purposes of subsection (3) above only if the requirements of subsection (2) above are satisfied in respect of each of those sentences; and

(b) notwithstanding the terms of any order under section 34 of the said Act of 1991 or of any certificate under subsection (2) above, subsections (4) and (6) of section 2 of this Act shall not apply to him until he has served the relevant part of each of those sentences.

Miscellaneous

22.For section 10 of the 1989 Act (place of confinement of prisoners) there shall be substituted the following section—

"Place of confinement of prisoners.

10.— (1) A prisoner may be lawfully confined in any prison.

(2) Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct, and may be moved by the Secretary of State from any prison to any other prison.

(3) The foregoing provisions of this section are without prejudice to section 11 of this Act and section 241 of the 1975 Act (transfer of prisoner in connection with hearing of appeal)."

23.After section 20 of the 1989 Act there shall be inserted the following section—

"Transfer of young offenders to prison or remand centre.

20A.— (1) Subject to section 21 of this Act, an offender sentenced to detention in a young offenders institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.

(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offenders institution shall be detained in a prison or remand centre instead of in a young offenders institution, but if the offender is under 18 years of age at the time of the direction, only for a temporary purpose.

(3) Where an offender is detained in a prison or remand centre by virtue of subsection (2) above, any rules under section 39 of this Act which apply in relation to persons detained in that place shall apply to that offender; but subject to the foregoing and to subsection (4) below, the provisions of the 1975 Act, the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of persons sentenced to detention in a young offenders institution shall continue to apply to the offender.

(4) Where an offender referred to in subsection (3) above attains the age of 21 years, subsection (3) of section 21 of this Act shall apply to him as if he had been transferred to prison under that section."

24.The following subsection shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions)—

"(7) Rules made under this section may provide for the award of additional days, not exceeding in aggregate one-sixth of the prisoner's sentence—

(a) to a short-term or long-term prisoner within the meaning of Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993; or

(b) conditionally on his eventually becoming such a prisoner, to a person remanded in custody,

where he is guilty, under such rules, of a breach of discipline."

25.The following subsections shall be added at the end of section 39 of the 1989 Act (rules for the management of prisons and other institutions) after the subsection added by section 24 of this Act—

"(8) Without prejudice to any power to make standing orders or to issue directions or any other kind of instruction, rules made under this section may authorise the Secretary of State to supplement the rules by making provision by directions for any purpose specified in the rules; and rules so made or directions made by virtue of this subsection may authorise the governor, or any other officer, of a prison, or some other person or class of persons specified in the rules or directions, to exercise a discretion in relation to the purpose so specified.

(9) Rules made under this section may permit directions made by virtue of subsection (8) above to derogate (but only to such extent, or in such manner, as may be specified in the rules) from provisions of rules so made and so specified.

(10) Any reference, however expressed, in any enactment other than this section to rules made under this section shall be construed as including a reference to directions made by virtue of subsection (8) above.

(11) Directions made by virtue of subsection (8) above shall be published by the Secretary of State in such manner as he considers appropriate."

26.In section 73 of the [1984 c. 36.] Mental Health (Scotland) Act 1984, subsection (3) (which provides for the continued detention in hospital of persons moved there by virtue of a transfer order while awaiting trial etc. even where that order has ceased to have effect) shall cease to have effect.

27.—(1) In this Part of this Act, except where the context otherwise requires—

"court" does not include a court-martial;

"discretionary life prisoner" has the meaning given by section 2 of this Act;

"life prisoner" means a person serving a sentence of imprisonment for life;

"local authority" means a regional or islands council;

"long-term prisoner" means a person serving a sentence of imprisonment for a term of four years or more;

"Parole Board" means the Parole Board for Scotland;

"petty sessions area" has the same meaning as in the Justices of the [1979 c. 55.] Peace Act 1979;

"relevant officer", in relation to a local authority, means an officer of that authority employed by them in the discharge of their functions under section 27(1) of the [1968 c. 49.] Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prison etc.);

"short-term prisoner" means a person serving a sentence of imprisonment for a term of less than four years;

"supervised release order" has the meaning given by section 212A (as inserted by section 14 of this Act) of the 1975 Act but includes any order under subsection (2) of the said section 14; and

"supervising officer" has the meaning given by the said section 212A.

(2) The Secretary of State may by order provide—

(a) that the references to four years in the definitions of "long-term prisoner" and "short-term prisoner" in subsection (1) above shall be construed as references to such other period as may be specified in the order;

(b) that any reference in this Part of this Act to a particular proportion of a prisoner's sentence shall be construed as a reference to such other proportion of a prisoner's sentence as may be so specified.

(3) An order under subsection (2) above may make such transitional provisions as appear to the Secretary of State necessary or expedient in connection with any provision made by the order.

(4) For the purposes of this Part of this Act so far as relating to licences or persons released on licence, the age of any person at the time when sentence was passed on him shall be deemed to have been that which appears to the Secretary of State to have been his age at that time.

(5) For the purposes of any reference, however expressed, in this Part of this Act to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, he has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(6) If additional days are awarded in accordance with rules made under section 39(7) of the 1989 Act (and are not remitted in accordance with such rules), the period which the prisoner (or eventual prisoner) must serve before becoming entitled to or eligible for release shall be extended by those additional days.

(7) Where (but for this subsection) a prisoner would, under any provision of this Act or of the 1975 Act, fall to be released on or by a day which is a Saturday, Sunday or public holiday he shall instead be released on or by the last preceding day which is not a Saturday, Sunday or public holiday.

Source: HMSO - Her Majesty Stationery Office

Crown Copyright