The Criminal Cases (Punishment and Review) (Scotland) Act came into force on 24th September, and closed a legal loophole which arose following the Appeal Court's judgement in the case of Petch and Foye v. HMA. The loophole had meant that prisoners given a discretionary life sentence or Order for Lifelong Restriction (OLR) could apply to become eligible for parole earlier than those serving sentences of a fixed length.
The courts have now regained the discretion to set a 'punishment part' of non-mandatory life sentences that it considers appropriate in all the circumstances of a particular case to ensure appropriate punishment of the offender.
The 'punishment part' of a sentence is the minimum period of time which an offender must serve in prison before they become eligible to apply to the Parole Board for consideration of being released on parole.
The role of the Parole Board is to consider whether prisoners continue to present a risk to public safety. If the Parole Board considers an offender does continue to present a risk to public safety, the Parole Board will not authorise the release of that offender on parole.
The Act also puts in place a framework that will enable, as far as possible within devolved competence, the disclosure of information by the SCCRC in cases where an appeal has been abandoned or has fallen.
The changes to the law will not be retrospective and therefore will not impact on cases and appeals currently being heard.
The Lord Advocate is to refer five cases to the UK Supreme Court for a further ruling as to the scope of the Cadder v HMA decision which was handed down by last October by the Supreme Court. Contact expert criminal defence solicitors in Edinburgh on 0131 557 9151.
New clauses have been added to the latest draft of the Scotland Bill which may permit Scottish criminal appeals to be heard in the UK Supreme Court. Contact 0131 557 9151 for a free initial criminal law consultation.
New figures show that there has been a significant increase in recent years in the number of women in Scottish prisons. Contact McSporrans criminal lawyers for a free initial consultation on 0131 557 9151.
Drink driving case clarifies the scope of Cadder. Contact 0131 557 9151 for a free initial criminal law consultation.
On 22 March 2011, the Double Jeopardy (Scotland) Bill passed its third and final stage through the Scottish Parliament. Contact McSporrans criminal lawyers for a free initial consultation on 0131 557 9151.
A new partnership has been set up to try to prevent crimes against animals in Fife in Scotland. Contact McSporrans today on 0131 225 8813 for free initial advice.
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