Justice Department
Criminal Justice Group Projects DivisionCircular No JD/12/2005 Lord Justice Clerk
The Principal Clerk of Session & Justiciary
Sheriff Principal
Sheriff Clerk/Depute
The Clerk of the District Court
Chief Executives of Local Authorities
HM Inspector of Constabulary
The Chief Constable
The Scottish Police College
Sheriff's Association
Risk Management Authority
Scottish Prison Service
Director of Judicial Studies in Scotland
Directors of Social Work | St Andrew's House
Regent Road
Edinburgh EH1 3DG Telephone: 0131-244 4238
Fax: 0131-244 3548
Iain.Harron@scotland.gsi.gov.uk
http://www.scotland.gov.uk Our ref: CPL/B/21/10/18 13 September 2005 |
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Dear Sir/Madam
CRIMINAL JUSTICE (SCOTLAND) ACT 2003: (COMMENCEMENT No. 6) ORDER 2005
The Criminal Justice (Scotland) Act 2003 received Royal Assent on 26 March 2003. This circular contains basic information on the fifth tranche of provisions of the Criminal Justice (Scotland) Act 2003 that are being brought into force by the Criminal Justice (Scotland) Act 2003 (Commencement No. 6) Order 2005 which was made on 1 September 2005. These are all connected with the new provisions for the Risk Management Authority and Orders for Lifelong Restriction etc. contained in Part 1 of the Act.
The following sections are being commenced on 4 October 2005:
- section 2(a)
- sections 7 to 10;
- section 41; and
- paragraph 1(3)(b) of Schedule 1.
Section 2(a)
This section amends section 57 of the Criminal Procedure (Scotland) Act 1995 so as to allow the court to make an interim hospital order as an additional form of disposal where an accused person is found to be insane. The relevant provision of section 57 falls to be further amended by paragraph 8(3)(a)(iii) of Schedule 4 to the Mental Health (Care and Treatment) (Scotland) Act 2003, which will be brought into force on 5 October 2005 as part of the main commencement of provisions of that Act. The amendment made by section 2(a) will therefore have little or no practical effect on its own. The Mental Health Act also renames interim hospital orders as interim compulsion orders. Guidance on the arrangements for interim compulsion orders is contained in the Code of Practice issued under the Mental Health Act.
Sections 7 to 10 and 41
Sections 7 to 9 make provision as to the preparation, implementation and review of Risk Management Plans (RMPs). (Section 6 which defines Risk Management Plans is already in force). Section 10 enables the Scottish Ministers to make grants to local authorities in connection with RMPs.
Section 41 inserts a new section 26B into the Prisoners and Criminal Proceedings (Scotland) Act 1993 to provide that the Parole Board, when considering the case of an offender in respect of whom there is a RMP, must have regard to that plan.
None of these provisions will have an immediate practical effect, as section 1 of the Criminal Justice (Scotland) Act 2003 is not in force. There are therefore as yet no circumstances in which a Risk Management Plan is required.
Paragraph 1(3)(b) of Schedule 1
Paragraph 1(3)(b) of Schedule 1 inserts the definitions of "order for lifelong restriction" and "risk management plan" into section 27(1) of the Prisoners and Criminal Proceedings (Scotland) Act 1993. This is being brought into force to facilitate the making of some amendments to the Parole Board (Scotland) Rules which rely on these definitions.
Although this Circular has been copied to District Courts, in common with previous Circulars on the 2003 Act, these provisions have no effect on the District Courts.
The Commencement Order can be viewed at: http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050433.htm
Yours faithfully
Iain Harron
Criminal Justice: Group Projects