The Criminal Justice (Scotland) Act 2003 (Commencement No. 9) Order 2006

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 2003[^f00001], hereby make the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Criminal Justice (Scotland) Act 2003 (Commencement No. 9) Order 2006.

• (2) In this Order “the Act” means the Criminal Justice (Scotland) Act 2003.

Commencement

2

• (1) 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.

• (2) 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.

• (3) 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.

Signed

CATHY JAMIESON — A member of the Scottish Executive — 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).

Footnotes

[^f00001]: 2003 asp 7.