Crime and Punishment (Scotland) Act 1997

(194A) (1) There shall be established a body corporate to be known as the Scottish Criminal Cases Review Commission (in this Act referred to as “the Commission”). (2) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commission’s property shall not be regarded as property of, or held on behalf of, the Crown. (3) The Commission shall consist of not fewer than three members. (4) The members of the Commission shall be appointed by Her Majesty on the recommendation of the Secretary of State. (5) At least one third of the members of the Commission shall be persons who are legally qualified; and for this purpose a person is legally qualified if he is an advocate or solicitor of at least ten years’ standing. (6) At least two thirds of the members of the Commission shall be persons who appear to the Secretary of State to have knowledge or experience of any aspect of the criminal justice system; and for the purposes of this subsection the criminal justice system includes, in particular, the investigation of offences and the treatment of offenders. (7) Schedule 9A to this Act, which makes further provision as to the Commission, shall have effect. (194B) (1) The Commission on the consideration of any conviction of a person or of the sentence (other than sentence of death) passed on a person who has been convicted on indictment may, if they think fit, at any time, and whether or not an appeal against such conviction or sentence has previously been heard and determined by the High Court, refer the whole case to the High Court and the case shall be heard and determined, subject to any directions the High Court may make, as if it were an appeal under Part VIII of this Act. (2) The power of the Commission under this section to refer to the High Court the case of a person convicted shall be exercisable whether or not that person has petitioned for the exercise of Her Majesty’s prerogative of mercy. (3) This section shall apply in relation to a finding under section 55(2) and an order under section 57(2) of this Act as it applies, respectively, in relation to a conviction and a sentence. (4) For the purposes of this section “person” includes a person who is deceased. (194C) The grounds upon which the Commission may refer a case to the High Court are that they believe— (a) that a miscarriage of justice may have occurred; and (b) that it is in the interests of justice that a reference should be made. (194D) (1) A reference of a conviction, sentence or finding may be made under section 194B of this Act whether or not an application has been made by or on behalf of the person to whom it relates. (2) In considering whether to make a reference the Commission shall have regard to— (a) any application or representations made to the Commission by or on behalf of the person to whom it relates; (b) any other representations made to the Commission in relation to it: and (c) any other matters which appear to the Commission to be relevant. (3) In considering whether to make a reference the Commission may at any time refer to the High Court for the Court’s opinion any point on which they desire the Court’s assistance; and on a reference under this subsection the High Court shall consider the point referred and furnish the Commission with their opinion on the point. (4) Where the Commission make a reference to the High Court under section 194B of this Act they shall— (a) give to the Court a statement of their reasons for making the reference; and (b) send a copy of the statement to every person who appears to them to be likely to be a party to any proceedings on the appeal arising from the reference. (5) In every case in which— (a) an application has been made to the Commission by or on behalf of any person for the reference by them of any conviction, sentence or finding; but (b) the Commission decide not to make a reference of the conviction, sentence or finding, they shall give a statement of the reasons for their decision to the person who made the application. (194E) (1) The Secretary of State may by order provide for this Part of this Act to apply in relation to convictions, sentences and findings made in summary proceedings as they apply in relation to convictions, sentences and findings made in solemn proceedings, and may for that purpose make in such an order such amendments to the provisions of this Part as appear to him to be necessary or expedient. (2) An order under this section shall be made by statutory instrument, and shall not have effect unless a draft of it has been laid before and approved by a resolution of each House of Parliament. (194F) The Commission may take any steps which they consider appropriate for assisting them in the exercise of any of their functions and may, in particular— (a) themselves undertake inquiries and obtain statements, opinions or reports; or (b) request the Lord Advocate or any other person to undertake such inquiries or obtain such statements, opinions and reports. (194G) (1) The Secretary of State may by order make such incidental, consequential, transitional or supplementary provisions as may appear to him to be necessary or expedient for the purpose of bringing this Part of this Act into operation, and, without prejudice to the generality of the foregoing, of dealing with any cases being considered by him under section 124 of this Act at the time when this Part comes into force, and an order under this section may make different provision in relation to different cases or classes of case. (2) An order under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (194H) (1) Where it appears to the Commission that a person may have information which they require for the purposes of carrying out their functions, and the person refuses to make any statement to them, they may apply to the sheriff under this section. (2) On an application made by the Commission under this section, the sheriff may, if he is satisfied that it is reasonable in the circumstances, grant warrant to cite the person concerned to appear before the sheriff in chambers at such time or place as shall be specified in the citation, for precognition on oath by a member of the Commission or a person appointed by them to act in that regard. (3) Any person who, having been duly cited to attend for precognition under subsection (2) above and having been given at least 48 hours notice, fails without reasonable excuse to attend shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 21 days; and the court may issue a warrant for the apprehension of the person concerned ordering him to be brought before a sheriff for precognition on oath. (4) Any person who, having been duly cited to attend for precognition under subsection (2) above, attends but— (a) refuses to give information within his knowledge or to produce evidence in his possession; or (b) prevaricates in his evidence, shall be guilty of an offence and shall be liable to be summarily subjected to a fine not exceeding level 3 on the standard scale or to imprisonment for a period not exceeding 21 days. (194I) (1) Where the Commission believe that a person or a public body has possession or control of a document or other material which may assist them in the exercise of any of their functions, they may apply to the High Court for an order requiring that person or body— (a) to produce the document or other material to the Commission or to give the Commission access to it; and (b) to allow the Commission to take away the document or other material or to make and take away a copy of it in such form as they think appropriate, and such an order may direct that the document or other material must not be destroyed, damaged or altered before the direction is withdrawn by the Court. (2) The duty to comply with an order under this section is not affected by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by or by virtue of any enactment) which would otherwise prevent the production of the document or other material to the Commission or the giving of access to it to the Commission. (3) The documents and other material covered by this section include, in particular, any document or other material obtained or created during any investigation or proceedings relating to— (a) the case in relation to which the Commission’s function is being or may be exercised; or (b) any other case which may be in any way connected with that case (whether or not any function of the Commission could be exercised in relation to that other case). (4) In this section— - “Minister” means a Minister of the Crown as defined by section 8 of the Ministers of the Crown Act 1975; - “police force” means any police force maintained for a local government area under section 1(1) of the Police (Scotland) Act 1967 and references to a chief constable are references to the chief constable of such a force within the meaning of that Act; and - “public body” means 1. any police force; 2. any government department, local authority or other body constituted for the purposes of the public service, local government or the administration of justice; or 3. any other body whose members are appointed by Her Majesty, any Minister or any government department or whose revenues consist wholly or mainly of money provided by Parliament. (194J) (1) A person who is or has been a member or employee of the Commission shall not disclose any information obtained by the Commission in the exercise of any of their functions unless the disclosure of the information is excepted from this section by section 194K of this Act. (2) A member of the Commission shall not authorise the disclosure by an employee of the Commission of any information obtained by the Commission in the exercise of any of their functions unless the authorisation of the disclosure of the information is excepted from this section by section 194K of this Act. (3) A person who contravenes this section is guilty of an offence and liable on summary conviction to a fine of an amount not exceeding level 5 on the standard scale. (194K) (1) The disclosure of information, or the authorisation of the disclosure of information, is excepted from section 194J of this Act by this section if the information is disclosed, or is authorised to be disclosed— (a) for the purposes of any criminal, disciplinary or civil proceedings; (b) in order to assist in dealing with an application made to the Secretary of State for compensation for a miscarriage of justice; (c) by a person who is a member or an employee of the Commission to another person who is a member or an employee of the Commission; (d) in any statement or report required by this Act; (e) in or in connection with the exercise of any function under this Act; or (f) in any circumstances in which the disclosure of information is permitted by an order made by the Secretary of State. (2) The disclosure of information is also excepted from section 194J of this Act by this section if the information is disclosed by an employee of the Commission who is authorised to disclose the information by a member of the Commission. (3) The disclosure of information, or the authorisation of the disclosure of information, is also excepted from section 194J of this Act by this section if the information is disclosed, or is authorised to be disclosed, for the purposes of— (a) the investigation of an offence; or (b) deciding whether to prosecute a person for an offence, unless the disclosure is or would be prevented by an obligation or other limitation on disclosure (including any such obligation or limitation imposed by, under or by virtue of any enactment) arising otherwise than under that section. (4) Where the disclosure of information is excepted from section 194J of this Act by subsection (1) or (2) above, the disclosure of the information is not prevented by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by, under or by virtue of any enactment) arising otherwise than under that section. (5) The power to make an order under subsection (1)(f) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (194L) (1) Where a person or body is required by an order under section 194I of this Act to produce or allow access to a document or other material to the Commission and notifies them that any information contained in the document or other material to which the order relates is not to be disclosed by the Commission without his or its prior consent, the Commission shall not disclose the information without such consent. (2) Such consent may not be withheld unless— (a) (apart from section 194I of this Act) the person would have been prevented by any obligation of secrecy or other limitation on disclosure from disclosing the information without such consent; and (b) it is reasonable for the person to withhold his consent to disclosure of the information by the Commission. (3) An obligation of secrecy or other limitation on disclosure which applies to a person only where disclosure is not authorised by another person shall not be taken for the purposes of subsection (2)(a) above to prevent the disclosure by the person of information to the Commission unless— (a) reasonable steps have been taken to obtain the authorisation of the other person; or (b) such authorisation could not reasonably be expected to be obtained.

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• (2) After Schedule 9 to the 1995 Act there shall be inserted the following Schedule—

SCHEDULE 9A (1) Her Majesty shall, on the recommendation of the Secretary of State, appoint one of the members of the Commission to be the chairman of the Commission. (2) (1) Subject to the following provisions of this paragraph, a person shall hold and vacate office as a member of the Commission, or as chairman of the Commission, in accordance with the terms of his appointment. (2) An appointment as a member of the Commission may be full-time or part-time. (3) The appointment of a person as a member of the Commission, or as chairman of the Commission, shall be for a fixed period of not longer than five years. (4) Subject to sub-paragraph (5) below, a person whose term of appointment as a member of the Commission, or as chairman of the Commission, expires shall be eligible for re-appointment. (5) No person may hold office as a member of the Commission for a continuous period which is longer than ten years. (6) A person may at any time resign his office as a member of the Commission, or as chairman of the Commission, by notice in writing addressed to Her Majesty. (7) Her Majesty may at any time remove a person from office as a member of the Commission if satisfied— (a) that he has without reasonable excuse failed to discharge his functions as a member for a continuous period of three months beginning not earlier than six months before that time; (b) that he has been convicted of a criminal offence; (c) that a bankruptcy order has been made against him, or his estate has been sequestrated, or he has made a composition or arrangement with, or granted a trust deed for, his creditors; or (d) that he is unable or unfit to discharge his functions as a member. (8) If the chairman of the Commission ceases to be a member of the Commission he shall also cease to be chairman. (3) (1) The Commission shall— (a) pay to members of the Commission such remuneration; (b) pay to or in respect of members of the Commission any such allowances, fees, expenses and gratuities; and (c) pay towards the provisions of pensions to or in respect of members of the Commission any such sums, as the Commission are required to pay by or in accordance with directions given by the Secretary of State. (2) Where a member of the Commission was, immediately before becoming a member, a participant in a scheme under section 1 of the Superannuation Act 1972, the Minister for the Civil Service may determine that his term of office as a member shall be treated for the purposes of the scheme as if it were service in the employment or office by reference to which he was a participant in the scheme; and his rights under the scheme shall not be affected by sub-paragraph (1)(c) above. (3) Where— (a) a person ceases to hold office as a member of the Commission otherwise than on the expiry of his term of appointment; and (b) it appears to the Secretary of State that there are special circumstances which make it right for him to receive compensation, the Secretary of State may direct the Commission to make to him a payment of such amount as the Secretary of State may determine. (4) (1) The Commission may appoint a chief executive and such other employees as the Commission think fit, subject to the consent of the Secretary of State as to their number and terms and conditions of service. (2) The Commission shall— (a) pay to employees of the Commission such remuneration; and (b) pay to or in respect of employees of the Commission any such allowances, fees, expenses and gratuities, as the Commission may, with the consent of the Secretary of State, determine. (3) Employment by the Commission shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 may apply. (5) The Commission shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to paragraph 3(2) or 4(3) above in the sums payable out of money provided by Parliament under the Superannuation Act 1972. (6) (1) The arrangements for the procedure of the Commission (including the quorum for meetings) shall be such as the Commission may determine. (2) The arrangements may provide for the discharge, under the general direction of the Commission, of any function of the Commission— (a) in the case of the function specified in sub-paragraph (3) below, by a committee consisting of not fewer than three members of the Commission; and (b) in any other case, by any committee of, or by one or more of the members or employees of, the Commission. (3) The function referred to in sub-paragraph (2)(a) above is making a reference to the High Court under section 194B of this Act. (4) The validity of any proceedings of the Commission (or of any committee of the Commission) shall not be affected by— (a) any vacancy among the members of the Commission or in the office of chairman of the Commission; or (b) any defect in the appointment of any person as a member of the Commission or as chairman of the Commission. (5) Where— (a) a document or other material has been produced to the Commission under section 194I of this Act, or they have been given access to a document or other material under that section, and the Commission have taken away the document or other material (or a copy of it); and (b) the person who produced the document or other material to the Commission, or gave them access to it, has notified the Commission that he considers that its disclosure to others may be contrary to the interests of national security, the Commission shall, after consulting that person, deal with the document or material (or copy) in a manner appropriate for safeguarding the interests of national security. (7) A document purporting to be— (a) duly executed under the seal of the Commission; or (b) signed on behalf of the Commission, shall be received in evidence and, unless the contrary is proved, taken to be so executed or signed. (8) (1) As soon as possible after the end of each financial year of the Commission, the Commission shall send to the Secretary of State a report on the discharge of their functions during that year. (2) Such a report may include an account of the working of the provisions of Part XA of this Act and recommendations relating to any of those provisions. (3) The Secretary of State shall lay before each House of Parliament, and cause to be published, a copy of every report sent to him under sub-paragraph (1). (9) (1) The Commission shall— (a) keep proper accounts and proper records in relation to the accounts; and (b) prepare a statement of accounts in respect of each financial year of the Commission. (2) The statement of accounts shall contain such information and shall be in such form as the Secretary of State may, with the consent of the Treasury, direct. (3) The Commission shall send a copy of the statement of accounts to the Secretary of State and to the Comptroller and Auditor General within such period after the end of the financial year to which the statement relates as the Secretary of State may direct. (4) The Comptroller and Auditor General shall— (a) examine, certify and report on the statement of accounts; and (b) lay a copy of the statement of accounts and of his report before each House of Parliament. (10) For the purposes of this Schedule the Commission’s financial year shall be the period of twelve months ending with 31st March; but the first financial year of the Commission shall be the period beginning with the date of establishment of the Commission and ending with the first 31st March which falls at least six months after that date. (11) The Secretary of State shall defray the expenses of the Commission up to such amount as may be approved by him.

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Evidential provisions

Evidence concerning certain orders

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Proof of age

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After section 255 of the 1995 Act there shall be inserted the following section—

(255A) Where the age of any person is specified in an indictment or a complaint, it shall, unless challenged— (a) in the case of proceedings on indictment by giving notice of a preliminary objection under paragraph (b) of section 72(1) of this Act or under that paragraph as applied by section 71(2) of this Act; or (b) in summary proceedings— (i) by preliminary objection before the plea of the accused is recorded; or (ii) by objection at such later time as the court may in special circumstances allow, be held as admitted.

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Evidence from certain official documents

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• (1) Section 154 of the 1995 Act shall cease to have effect.

• (2) After section 279 of the 1995 Act there shall be inserted the following section—

(279A) (1) Any letter, minute or other official document issuing from the office of or in the custody of any of the departments of state or government in the United Kingdom which— (a) is required to be produced in evidence in any prosecution; and (b) according to the rules and regulations applicable to such departments may competently be so produced, shall when so produced beprima facie evidence of the matters contained in it without being produced or sworn to by any witness. (2) A copy of any such document as is mentioned in subsection (1) above bearing to be certified by any person having authority to certify it shall be treated as equivalent to the original of that document and no proof of the signature of the person certifying the copy or of his authority to certify it shall be necessary. (3) Any order by any of the departments of state or government or any local authority or public body made under powers conferred by any statute or a print or a copy of such an order, shall when produced in a prosecution be received as evidence of the due making, confirmation, and existence of the order without being sworn to by any witness and without any further or other proof. (4) Subsection (3) above is without prejudice to any right competent to the accused to challenge any order such as is mentioned in that subsection as beingultra vires of the authority making it or on any other competent ground. (5) Where an order such as is mentioned in subsection (3) above is referred to in the indictment or, as the case may be, the complaint, it shall not be necessary to enter it in the record of the proceedings as a documentary production. (6) The provisions of this section are in addition to, and not in derogation of, any powers of proving documents conferred by statute or existing at common law.

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Evidence of vulnerable persons: special provisions

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For section 271 of the 1995 Act there shall be substituted the following section—

(271) (1) Subject to subsections (7) and (8) below, where a vulnerable person has been or could be cited to give evidence in a trial the court may appoint a commissioner to take the evidence of that person if— (a) in solemn proceedings, at any time before the oath is administered to the jury; (b) in summary proceedings, at any time before the first witness is sworn; (c) in exceptional circumstances in either solemn or summary proceedings, during the course of the trial, application is made in that regard; but to be so appointed a person must be, and for a period of five years have been, a member of the Faculty of Advocates or a solicitor. (2) Proceedings before a commissioner appointed under subsection (1) above shall be recorded by video recorder. (3) An accused shall not, except by leave of the commissioner, be present in the room where such proceedings are taking place but shall be entitled by such means as seem suitable to the commissioner to watch and hear the proceedings. (4) Subsections (2) to (6), (8) and (9) of section 272 of this Act shall apply to an application under subsection (1) above and evidence taken by a commissioner appointed under that subsection as those subsections apply to an application under subsection (1) of that section and evidence taken by a commissioner appointed on such an application. (5) Subject to subsections (7) and (8) below, where a vulnerable person has been or is likely to be cited to give evidence in a trial, the court may, on an application being made to it, authorise the giving of evidence by that person by means of a live television link. (6) Subject to subsections (7) and (8) below, where a vulnerable person has been or is likely to be cited to give evidence in a trial, the court may, on application being made to it, authorise the use of a screen to conceal the accused from the sight of that person while that person is present to give evidence; but arrangements shall be made to ensure that the accused is able to watch and hear as the evidence is given by the vulnerable person. (7) The court may grant an application under subsection (1), (5) or (6) above only on cause shown having regard in particular to— (a) the possible effect on the vulnerable person if required to give evidence, no such application having been granted; (b) whether it is likely that the vulnerable person would be better able to give evidence if such an application were granted; and (c) the views of the vulnerable person. (8) In considering whether to grant an application under subsection (1), (5) or (6) above the court may take into account, where appropriate, any of the following— (a) the nature of the alleged offence; (b) the nature of the evidence which the vulnerable person is likely to be called upon to give; (c) the relationship, if any, between the person and the accused; and (d) where the person is a child, his age and maturity. (9) Where a sheriff to whom an application has been made under subsection (1), (5) or (6) above would have granted the application but for the lack of accommodation or equipment necessary to achieve the purpose of the application, he may by order transfer the case to any sheriff court which has such accommodation and equipment available, being a sheriff court in the same sheriffdom. (10) The sheriff court to which a case has been transferred under subsection (9) above shall be deemed to have granted an application under, as the case may be, subsection (1), (5) or (6) above in relation to the case. (11) Where a court has or is deemed to have granted an application under subsection (1), (5) or (6) above in relation to a vulnerable person, and the vulnerable person gives evidence that he recalls having identified, prior to the trial, a person alleged to have committed an offence, the evidence of a third party as to the identification of that person by the vulnerable person prior to the trial shall be admissible as evidence as to such identification. (12) In this section— - “child” means a person under the age of 16 years; - “court” means the High Court or the sheriff court; - “trial” means a trial under solemn or under summary procedure; and - “vulnerable person” means— 1. any child; and 2. any person of or over the age of 16 years— 1. who is subject to an order made in consequence of a finding of a court in any part of the United Kingdom that he is suffering from mental disorder within the meaning of section 1(2) of the Mental Health (Scotland) Act 1984, section 1(2) of the Mental Health Act 1983, or Article 3(1) of the Mental Health (Northern Ireland) Order 1986 (application of enactment); or 2. who is subject to a transfer direction under section 71(1) of the 1984 Act, section 47 of the 1983 Act, or Article 53 of the 1986 Order (transfer directions); or 3. who otherwise appears to the court to suffer from significant impairment of intelligence and social functioning.

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Routine evidence

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• (1) Schedule 9 to the 1995 Act (routine evidence) shall be amended in accordance with subsection (3) below.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In the entry relating to the Video Recordings Act 1984, for the words in the second and third columns there shall be substituted the words in, respectively, the left and right hand columns below—

A person authorised to do so by the Secretary of State, being a person who has examined the record maintained in pursuance of arrangements made by the designated authority and in the case of a certificate in terms of—(a) sub-paragraph (a) in column 3, the video work mentioned in that sub-paragraph;(b) sub-paragraph (b) in that column, both video works mentioned in that sub-paragraph.

That the record shows any of the following—(a) in respect of a video work (or part of a video work) contained in a video recording identified by the certificate, that by a date specified no classification certificate had been issued;(b) in respect of a video work which is the subject of a certificate under sub-paragraph (a) above, that the video work differs in a specified way from another video work contained in a video recording identified in the certificate under this sub-paragraph and that, on a date specified, a classification certificate was issued in respect of that other video work;(c) that, by a date specified, no classification certificate had been issued in respect of a video work having a particular title;(d) that, on a date specified, a classification certificate was issued in respect of a video work having a particular title and that a document which is identified in the certificate under this sub-paragraph is a copy of the classification certificate so issued;expressions used in column 2, or in this column, of this entry being construed in accordance with that Act; and in each of sub-paragraphs (a) to (d) above “specified” means specified in the certificate under that sub-paragraph.

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• (4) Section 5 of the Video Recordings Act 1993 shall cease to have effect.

• (5) In Schedule 22 of the Environment Act 1995 (minor and consequential amendments), paragraph 35 shall cease to have effect.

Previous convictions in solemn proceedings

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In section 101 of the 1995 Act (previous convictions in solemn proceedings), subsection (5) shall cease to have effect.

Supervision and care of persons diverted from prosecution or subject to supervision requirement

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In section 27(1) of the Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prisons etc.)—

• (a) after paragraph (a) there shall be inserted the following paragraph—

(aa) making available to any children’s hearing such reports relating to persons aged 16 and 17 years in relation to the commission of an offence as the hearing may require for the disposal of a case;

;

• (b) after paragraph (a) there shall be inserted the following paragraph—

(ab) making available to any procurator fiscal or the Lord Advocate such reports as the procurator fiscal or the Lord Advocate may request in relation to persons who are charged with an offence;

;

• (c) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—

(v) without prejudice to sub-paragraphs (i) to (iv) above, persons in their area who are subject to a supervision and treatment order under section 57(2)(d) of the Criminal Procedure (Scotland) Act 1995;

;

• (d) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—

(vi) persons in their area aged 16 and 17 years who are subject to a supervision requirement imposed in relation to the commission of any offence by that person;

; and

• (e) after sub-paragraph (iv) of paragraph (b) there shall be inserted the following sub-paragraph—

(vii) persons in their area who are charged with, but not prosecuted for, any offence and are referred to the local authority by the procurator fiscal or the Lord Advocate; and

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Part III — Prisoners

Chapter I — Early release

Early release

Application of provisions with respect to early release

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• (1) Subject to subsection (2) below, this Chapter applies in relation to sentences imposed in respect of offences committed after this Chapter comes into force.

• (2) This Chapter does not apply in relation to sentences of an indeterminate length.

• (3) Schedule 2 to this Act, which makes transitional provision as to the relationship between sentences passed in respect of offences committed before and after the coming into force of this Chapter, shall have effect.

• (4) Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of this Chapter to have been committed on the last of those days.

• (5) In this Chapter—

• “prescribed” means prescribed in rules made under section 39 of the 1989 Act (rules); and

• “prisoner” includes a person sentenced to detention in a young offenders institution under section 207 of the 1995 Act, and cognate expressions shall be construed accordingly.

• (6) Subject to subsection (7) below, the amendments made by this Act to the Repatriation of Prisoners Act 1984, section 74(6) of the 1984 Act, the 1989 Act and the 1993 Act, and the amendments made to the 1995 Act by paragraph 21(3) of Schedule 1 to this Act shall have effect only in relation to sentences in relation to which this Chapter applies; and any amendment expressed to relate to any of those Acts before or, as the case may be, after the amendments made by this Act come into force, shall have effect accordingly.

• (7) Subsection (6) above does not apply—

• (a) to amendments made to the Repatriation of Prisoners Act 1984 by paragraph 10(2)(b) and (3) of Schedule 1 to this Act;

• (b) to amendments to the 1989 Act made by sections 42, 43 and 44 of, paragraph 13(2) and (4) of Schedule 1 to, and the repeal of the words from “including” to the end of section 3(1) of that Act made by Schedule 3 to, this Act; and

• (c) to amendments to the 1993 Act made by section 16 of, and paragraph 14(2)(b), (3)(a) to (d), (8), (10)(b), (11)(a) and (18) of Schedule 1 to, this Act.

• (8) Without prejudice to the provisions of Schedule 2 to this Act (which makes specific provision in relation to aggregation of sentences in the cases mentioned in it), for the purposes of any reference, however expressed, in this Chapter 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.

Early release

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• (1) This section applies where a prisoner is serving a sentence of imprisonment for a term of more than two months.

• (2) For each initial assessment period, the prescribed person may award the prisoner such number of early release days, not exceeding twelve, as he may determine having regard to the extent to which the prisoner’s behaviour during that period has attained the prescribed minimum standard.

• (3) For each subsequent assessment period, the prescribed person may award the prisoner—

• (a) such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during that period has attained the prescribed minimum standard; and

• (b) such number of early release days, not exceeding six, as he may determine having regard to the extent to which the prisoner’s behaviour during the period has exceeded that standard.

• (4) Where any early release days are awarded to a prisoner, any period which he must serve before becoming entitled to be released shall be reduced by the aggregate of those days.

• (5) No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.

• (6) The Secretary of State may by order provide that subsections (2) and (3) above shall have effect subject to such amendments as may be specified in the order; but no amendment so specified shall reduce—

• (a) the number of days specified in subsection (2) or (3)(a) above; or

• (b) the total number of days specified in subsection (3) above.

• (7) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) In this section, in relation to a prisoner—

• “assessment period” means— the period of two months starting with the day on which his sentence begins; and each successive period of two months ending before his release; and

• “initial assessment period” means an assessment period starting less than twelve months after the day on which his sentence begins and “subsequent assessment period” shall be construed accordingly.

Prisoners held on remand

35

• (1) This section applies to a prisoner who has been held in custody on remand prior to conviction or sentence and in respect of whom the court passing sentence has, under section 210(1)(b) of the 1995 Act (consideration of time spent in custody), fixed a date for the beginning of his sentence prior to the date upon which sentence is passed.

• (2) Following the conviction and sentence of a prisoner mentioned in subsection (1) above, the prescribed person may, in accordance with section 34 of this Act, and having regard to the extent to which prison staff have not made adverse reports in respect of his conduct during the period which he has spent on remand, retrospectively award him early release days in respect of that part of that period which has been included in his sentence.

• (3) Where—

• (a) a prisoner has, prior to conviction or sentence, been held in hospital by virtue of an order made under section 52 (power of court to commit to hospital an accused suffering from mental disorder), 53 (interim hospital orders) or 200 (remand for inquiry into physical or mental condition) of the 1995 Act; and

• (b) the court passing sentence has, under section 210(1)(b) of that Act, fixed a date for the beginning of his sentence prior to the date upon which sentence was passed,

he shall be awarded the maximum number of early release days in respect of his period in that hospital which he could have been awarded under this section if he had spent that period in custody on remand.

• (4) No award of early release days under this section shall entitle a prisoner to be released earlier than the day after the day on which the award is made.

• (5) Subject to subsection (6) below, this section and section 34 of this Act apply to persons sentenced to be detained under section 44 (detention of children in summary proceedings) or detained for determinate periods under section 208 (detention of children convicted on indictment) of the 1995 Act as they apply to prisoners.

• (6) Any early release days which may competently be awarded to a prisoner under this section or section 34 of this Act shall automatically be awarded to a person to whom either of those sections applies by virtue of subsection (5) above, but only for so long as that person is detained in a place other than a young offenders institution or a prison.

• (7) Where a person such as is mentioned in subsection (6) above is transferred to a young offenders institution or a prison he shall, without prejudice to any rules as to forfeiture made under section 39(14) of the 1989 Act (rules), be entitled to the early release days awarded to him prior to that transfer.

Amendments to 1989 Act

36

• (1) Section 39 of the 1989 Act (rules for the management of prisons) shall be amended in accordance with this section.

• (2) Subsection (7) shall cease to have effect.

• (3) After subsection (12), there shall be added the following subsections—

(13) Rules made under this section may make provision in relation to the assessment mentioned in sections 34 and 35 of the Crime and Punishment (Scotland) Act 1997 and may, without prejudice to the generality of the foregoing, include provision— (a) as to the person who is responsible for making any assessment required to be made in relation to any offender to whom either of those sections applies, whether directly or by virtue of section 41 of that Act (application of early release provisions to mentally disordered offenders); (b) as to the intervals at which assessments are to be made; (c) in relation to the considerations to which a person prescribed under paragraph (a) above is to have regard in applying the criteria set out in section 34; (d) as to the manner in which any assessment is to be carried out; (e) for notification of any determination to the prisoner concerned; (f) enabling a prisoner— (i) to make such appeals against any such determination as may be prescribed to such person or persons as may be prescribed; and (ii) following such appeals, to make an appeal to the Secretary of State, who may appoint a person— (A) to consider any such appeal in such manner as that person thinks fit; and (B) to recommend to the Secretary of State how it should be disposed of; (g) as to the application of those sections in respect of prisoners who are transferred between prisons. (14) Subject to subsection (15) below, rules made under this section may provide for the forfeiture of early release days awarded to a prisoner, whether on remand or following sentence, where he is guilty, under such rules, of a breach of discipline. (15) Rules made under this section may not provide for the forfeiture of any early release days awarded to a mentally disordered offender, within the meaning of section 41 of the Crime and Punishment (Scotland) Act 1997, in respect of anything done by him when he is actually in a hospital in consequence of— (a) a transfer direction under section 71 of the Mental Health (Scotland) Act 1984 (removal to hospital of persons serving sentences of imprisonment and other persons); or (b) a hospital direction under section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital directions). (16) Where a prisoner has not been awarded any early release days, or where the number of days he has been awarded is less than the number of days to be forfeited, the forfeiture referred to in subsection (14) above shall apply to any such days which may subsequently be awarded to that prisoner, but no such forfeiture shall result in a prisoner’s being held in prison for a period longer than the total sentence imposed on him by the sentencing court.

.

Suspension of period of early release

37

• (1) This section applies to a prisoner, other than a prisoner mentioned in subsection (8) below, sentenced to a term of imprisonment (in this section referred to as “the original sentence”) by a court in Scotland and released by virtue of section 34 of this Act if—

• (a) following that release and before the expiry of—

• (i) any supervised release order made in respect of him; or

• (ii) a period representing one sixth of the term of imprisonment to which he was originally sentenced,

whichever is the later, he commits another offence punishable by imprisonment; and

• (b) whether before or after that date, he pleads guilty to or is found guilty of that offence (in this section referred to as “the new offence”) in a court in the United Kingdom.

• (2) Where the court mentioned in subsection (1)(b) above is in Scotland then, instead of or in addition to making any other order in respect of the plea or finding—

• (a) in a case other than that mentioned in paragraph (b) below, and subject to subsection (3) below, it may order the prisoner to be returned to prison for the whole or any part of the period which—

• (i) begins with the date of the order for his return; and

• (ii) is equal in length to the period between the date of his release and the date on which he would (but for that release) have served his sentence in full;

• (b) in a case where that court is inferior—

• (i) to the court which imposed the original sentence; or

• (ii) where that sentence was imposed by more than one court, to any of those courts,

it shall refer the case to the superior court in question; and a court to which a case is so referred may make such order with respect to the prisoner as is mentioned in paragraph (a) above.

• (3) There shall be deducted from the period mentioned in subsection (2)(a) above any period which the prisoner has already spent in prison by reason of—

• (a) having been returned to prison on the order of a court for breach of a supervised release order made at the time of his original conviction; or

• (b) having been returned to prison by virtue of a sentence passed in respect of an earlier offence committed by him during the period after his release and prior to the date mentioned in subsection (1)(a) above.

• (4) Where the court mentioned in subsection (1)(b) above is in England and Wales or Northern Ireland it may, instead of or in addition to making any other order in respect of the plea or finding, refer the case to the court which imposed the original sentence and shall, if it does so, send to that court such particulars of the case as may be relevant.

• (5) The court to which a case is referred under subsection (4) above may make such an order as is referred to in subsection (2)(a) above in respect of the prisoner.

• (6) The period for which a prisoner to whom this section applies is ordered under subsection (2) or (5) above to be returned to prison—

• (a) shall be taken to be a sentence of imprisonment for the purposes of this Act and of any appeal; and

• (b) shall, as the court making the order may direct, either be served before and be followed by, or be served concurrently with, any sentence of imprisonment imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).

• (7) In exercising its powers under section 118(4) or 189(1) of the 1995 Act (disposal of appeals), the court hearing an appeal against an order under subsection (2) or (5) above may, if it thinks fit, substitute for the period specified in the order a period not exceeding the period between the date on which the person was released and the date on which he would (but for his release) have served his sentence in full.

• (8) This section does not apply to a person upon whom detention has been imposed under section 44 (detention of children convicted in summary proceedings) or 208 (detention of children convicted on indictment) of the 1995 Act and, accordingly where any such person has been awarded early release days, he is not thereafter liable to be returned to prison under this section.

Commission of offence within certain period of release from prison to be aggravation

38

• (1) Where a person who has been sentenced to imprisonment for a term of twelve months or more commits a further offence within a period—

• (a) starting on the date on which he is released from prison; and

• (b) ending after a period equal to one sixth of the term for which he was sentenced,

the court which sentences him for the further offence shall, in determining the appropriate sentence or disposal for that offence, have regard to the fact that the further offence was committed during that period.

• (2) The court shall not have regard to the fact that the further offence was committed during the period mentioned in subsection (1) above unless written notice that that fact is to be brought to the attention of the court has been served on the person concerned with the complaint or indictment.

• (3) The fact that the further offence was committed within the period mentioned in subsection (1) above shall, unless challenged—

• (a) in the case of proceedings on indictment, by giving notice of a preliminary objection under paragraph (b) of section 72(1) of the 1995 Act (preliminary diet: notice) or under that paragraph as applied by section 71(2) of that Act (first diet); or

• (b) in summary proceedings, by preliminary objection before his plea is recorded,

be held as admitted.

• (4) Where the maximum penalty in respect of the further offence is specified by or by virtue of any enactment, that maximum penalty shall, for the purposes of the court’s determination, by virtue of subsection (1) above, of the appropriate sentence or disposal in respect of that offence, be increased—

• (a) where it is a fine, by the amount for the time being equivalent to level 3 on the standard scale; and

• (b) where it is a period of imprisonment—

• (i) as respects a conviction in the High Court or the sheriff court, by six months; and

• (ii) as respects a conviction in the district court, by 60 days,

notwithstanding that the maximum penalty as so increased exceeds the penalty which it would otherwise be competent for the court to impose.

• (5) Where the sentence or disposal in respect of the further offence is, by virtue of subsection (1) above, different from that which the court would have imposed but for that subsection, the court shall state the extent of and the reasons for that difference.

• (6) This section applies to a child who—

• (a) has been sentenced to a determinate period of detention of twelve months or more under section 208 of the 1995 Act (detention of children following conviction on indictment); and

• (b) is convicted by a criminal court of a further offence,

as it applies to prisoners.

Application of early release provisions in certain cases

Fine defaulters and persons convicted of contempt of court

39

• (1) Sections 34 and 37 of this Act apply to persons on whom imprisonment or, as the case may be, detention in a young offenders institution has been imposed—

• (a) under section 219 of the 1995 Act (imprisonment for non-payment of fine); or

• (b) for contempt of court,

as they apply to persons sentenced to imprisonment, or on whom detention has been imposed, on conviction of an offence.

• (2) Section 34 of this Act shall apply to children in respect of whom detention has been imposed for fine default or contempt of court as it applies, by virtue of subsections (5), (6) and (7) of section 35 of this Act, to persons sentenced to be detained under 44 (detention of children in summary proceedings) or detained for determinate periods under section 208 (detention of children convicted on indictment) of the 1995 Act.

Persons liable to removal from the United Kingdom

40

• (1) Subject to the provisions of this section, sections 34, 35 and 37 of this Act apply to persons liable to removal from the United Kingdom.

• (2) In calculating any period following the release of such a person for the purposes of any of those sections, no account shall be taken of any period during which that person was furth of the United Kingdom.

• (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 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.

Mentally disordered offenders

41

• (1) This section applies to prisoners who have to serve some part of their sentence in hospital in consequence of—

• (a) a transfer under section 71 of the 1984 Act (removal to hospital of persons serving sentences of imprisonment and other persons); or

• (b) a hospital direction under section 59A of the 1995 Act (hospital directions),

(in this section referred to as “mentally disordered offenders”).

• (2) For the purposes of section 34 of this Act, where a mentally disordered offender spends any period in hospital, he shall be treated as if he had spent that period in prison, and as if he had been awarded the maximum number of early release days which he could have been awarded under that section had he been detained in a prison during that period.

• (3) Sections 37 and 38 of this Act apply to a mentally disordered offender who is in hospital on the day on which his sentence (taking into account any early release days which he has been awarded) expires as if he had been released from prison on that day.

Chapter II — Treatment of prisoners

Testing of prisoners for alcohol

42

After section 41B of the 1989 Act there shall be inserted the following section—

(41C) (1) If an authorisation is in force for the prison, any officer of the prison may, at the prison, in accordance with rules under section 39 of this Act, require any prisoner who is confined in the prison, and whom he reasonably believes to have taken alcohol, to provide a sample of breath for the purpose of ascertaining whether he has any alcohol in his body. (2) If the authorisation so provides, the power conferred by subsection (1) above shall include the power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of breath. (3) In this section— - “authorisation” means an authorisation by the governor; and - “intimate sample” means a sample of blood, semen or other tissue fluid, saliva or pubic hair, or a swab taken from a person’s body orifice.

.

Medical services in prisons

43

• (1) In section 3(1) of the 1989 Act (general superintendence of prisons) the words from “including” to the end shall cease to have effect.

• (2) After section 3 of the 1989 Act there shall be inserted the following section—

(3A) (1) Without prejudice to section 11(2) of this Act, the Secretary of State shall secure the provision of appropriate medical services within prisons. (2) The Secretary of State may perform the duty imposed by subsection (1) above by— (a) appointing for a prison one or more medical officers, each of whom shall be a registered medical practitioner; (b) entering into an arrangement with any person for the provision of appropriate medical services in relation to any prison or prisons; or (c) both making any such appointment as is mentioned in paragraph (a) above and by entering such an arrangement as is mentioned in paragraph (b) above. (3) In this section “appropriate medical services” means such services in relation to— (a) routine and emergency health care for prisoners; and (b) the provision of advice to the governor on matters related to the medical treatment and health of prisoners generally, as the Secretary of State considers appropriate for the prison in which they are to be provided; and such services shall be provided by or under the supervision of a registered medical practitioner. (4) Any medical officer appointed under subsection (2)(a) above shall, for the purposes of this Act, be an officer of the prison. (5) A registered medical practitioner providing, or supervising the provision of, appropriate medical services in accordance with an arrangement made under subsection (2)(b) above shall be deemed to be a medical officer for the prison for the purposes of— (a) section 27(5) of this Act (so far as that section continues to have effect by virtue of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (existing provisions which continue to have effect in relation to prisoners sentenced before 1st October 1993)); and (b) any rules or directions made or issued under section 39 of this Act; unless such rules or directions otherwise provide or the context otherwise requires. (6) Subject to subsection (7) below, rules under section 39 of this Act may make provision for the governor to authorise the carrying out by officers of the prison of a search of any person who is in or is seeking to enter the prison for the purpose of providing appropriate medical services in accordance with an arrangement made under subsection (2)(b) above. (7) Nothing contained in rules made by virtue of subsection (6) above shall permit the governor to authorise an officer of a prison to require a person to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear.

.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For section 107(6) of the Criminal Justice and Public Order Act 1994 (medical officers in contracted out prisons), there shall be substituted the following subsections—

(6) Without prejudice to section 11(2) of the 1989 Act (direction by Secretary of State for prisoner to be taken hospital for treatment), the contractor shall secure the provision of appropriate medical services within the prison by— (a) appointing one or more registered medical practitioners to the prison; (b) entering into an arrangement with any person for the provision of such services in relation to the prison; or (c) both making any such appointment as is mentioned in paragraph (a) above and entering into such an arrangement as is mentioned in paragraph (b) above. (7) In subsection (6) above “appropriate medical services” means such services in relation to— (a) routine and emergency health care for prisoners; and (b) the provision of advice to the director on matters related to the medical treatment and health of prisoners generally, as the Secretary of State may direct or, in the absence of such a direction, as the contractor considers appropriate for the prison in which they are to be provided; and such services shall be provided by or under the supervision of a registered medical practitioner. (8) In subsections (6) and (7) above “contractor”, where the contract provides for the running of prison by a sub-contractor, means that sub-contractor.

.

• (5) In section 110 of that Act (application of enactments)—

• (a) in subsection (3), after the word “sections” there shall be inserted the words “ 3A(6) (power to authorise searches of persons providing medical services), ”;

• (b) in subsection (4), after the word “sections” there shall be inserted the words “ 3A(6) (power to carry out searches of persons providing medical services), ”;

• (c) after subsection (4) there shall be inserted the following subsection—

(4A) A registered medical practitioner appointed to a contracted out prison or providing, or supervising the provision of, appropriate medical services in accordance with an arrangement made under section 107(6)(b) of this Act shall be deemed to be a medical officer for the prison for the purposes of— (a) section 111(3)(c) of this Act; (b) section 27(5) of the 1989 Act (so far as that section continues to have effect by virtue of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (existing provisions which continue to have effect in relation to prisoners sentenced before 1st October 1993)); and (c) any rules or directions made or issued under section 39 of the 1989 Act, unless such rules or directions otherwise provide or the context otherwise requires.

; and

• (d) in subsection (6), after the word “Sections” there shall be inserted the words “ 3A(1) to (5)(medical services), ”.

• (6) In section 112(4) of that Act (contracted out functions at directly managed prisons)—

• (a) before paragraph (a) there shall be inserted the following paragraph—

(aa) section 3A(6) and (7) of the 1989 Act (searches of persons providing medical services);

; and

• (b) in paragraph (a) for the words “the 1989” there shall be substituted the word “ that ”.

Unlawful disclosure of information

44

• (1) After section 41B of the 1989 Act there shall be inserted the following section—

(41D) (1) This section applies to— (a) a registered medical practitioner appointed under paragraph (a) of section 107(6) of the Criminal Justice and Public Order Act 1994 (medical services in contracted out prisons); (b) a registered medical practitioner providing appropriate medical services under an arrangement entered into under section 3A(2)(b) of this Act or paragraph (b) of the said section 107(6); and (c) any person acting under the supervision of such a practitioner. (2) Any person to whom this section applies who discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information relating to a particular prisoner which he has acquired in the course of carrying out his duties shall be guilty of an offence. (3) A person guilty of an offence under subsection (2) above shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

.

Part IV — Police

Police funding and organisation

Police grant

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Common police services

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Collection and use of records

Record of evidence taken from external parts of body

47

• (1) In section 18 of the 1995 Act (prints and samples in criminal investigations)—

• (a) in subsection (2)—

• (i) for the words from “fingerprints” to “body” there shall be substituted the words “ , or require the person to provide him with, such relevant physical data ”; and

• (ii) at the end there shall be inserted the words “ from him or require him to provide, and the person so required shall comply with that requirement ”;

• (b) in subsection (3), for the words from “prints or impressions taken”, there shall be substituted the words “ relevant physical data taken from or provided by a person ”;

• (c) subsection (7) shall cease to have effect; and

• (d) after subsection (7) there shall be inserted the following subsections—

(7A) For the purposes of this section and sections 19 to 20 of this Act “relevant physical data” means any— (a) fingerprint; (b) palm print; (c) print or impression other than those mentioned in paragraph (a) and (b) above, of an external part of the body; (d) record of a person’s skin on an external part of the body created by a device approved by the Secretary of State. (7B) The Secretary of State by order made by statutory instrument may approve a device for the purpose of creating such records as are mentioned in paragraph (d) of subsection (7A) above.

.

• (2) In section 19 of the 1995 Act (taking of prints etc from convicted persons)—

• (a) in subsection (1)—

• (i) in paragraph (a), for the words “a sample, print or impression” there shall be substituted the words “ taken from him, or been required to provide, any relevant physical data or had any impression or sample ”; and

• (ii) in paragraph (b), for the words from “(whether” to “taken”, in the second place where it occurs, there shall be substituted the words

at any time had— (i) taken from him or been required (whether under paragraph (a) above or under section 18 or 19A of this Act or otherwise) to provide any relevant physical data; or (ii) any impression or sample taken from him, which was not suitable for the means of analysis for which the data were taken or required or the impression or sample was taken

;

• (b) for paragraph (a) of subsection (2), there shall be substituted the following paragraph—

(a) take from or require the convicted person to provide him with such relevant physical data as he reasonably considers it appropriate to take or, as the case may be, require the provision of;

; and

• (c) in subsection (4)(b)—

• (i) after the words “intimation that” there shall be inserted the words “ the relevant physical data were or ”; and

• (ii) the words “, print or impression” shall cease to have effect.

• (3) In section 20 of the 1995 Act (use of prints etc.)—

• (a) for the word “prints”, in the place where it first occurs, there shall be substituted the words “ relevant physical data ”; and

• (b) for the word “prints”, in the place where it second occurs, there shall be substituted the word “ data ”.

• (4) In section 284 of the 1995 Act (evidence in relation to fingerprints)—

• (a) in subsection (1)—

• (i) for the words “two constables” there shall be substituted the words “ a person authorised in that behalf by a chief constable ”; and

• (ii) for the words from “the fingerprints” to “from” there shall be substituted the words “ relevant physical data (within the meaning of section 18(7A) of this Act) was taken from or provided by ”;

• (b) for subsection (2) there shall be substituted the following subsections—

(2) A party proposing to rely on subsection (1) above (“the first party”) shall, not less than 14 days before the trial diet, serve on any other party to the proceedings a copy of the certificate, and such other party shall not be entitled to challenge the sufficiency of the evidence contained within the certificate. (2A) Where the first party does not serve a copy of the certificate on any other party as mentioned in subsection (2) above, he shall not be entitled to rely on subsection (1) above as respects that party.

.

• (5) In section 285 of the 1995 Act (proof of previous convictions), after subsection (9) there shall be inserted the following subsection—

(10) In this section “fingerprint” includes any record of the skin of a person’s finger created by a device approved by the Secretary of State under section 18(7B) of this Act.

.

Samples etc. from persons convicted of sexual and violent offences

48

• (1) In section 19 of the 1995 Act (taking of prints and samples after conviction) in subsection (1) for the word “This” there shall be substituted the words “ Without prejudice to any power exercisable under section 19A of this Act, this ”.

• (2) After section 19 of the 1995 Act there shall be inserted the following sections—