Section 3 — Amendment of provisions relating to transferred life prisoners

Part of Convention Rights (Compliance) (Scotland) Bill: Stage 3 – in the Scottish Parliament at 3:15 pm on 30 May 2001.

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Photo of Iain Gray Iain Gray Labour 3:15, 30 May 2001

The amendments in the group all relate to an issue that Gordon Jackson raised at stage 2. He asked what provision there was for prisoners who required to have a punishment part set, but who are incapable of properly instructing a solicitor because of mental illness. We have considered carefully the point that Mr Jackson raised.

Amendments 20, 24, 25, 27, 33 and 36 will have the effect that when a life prisoner's case comes before the court for the setting of a punishment part, and the court is satisfied that the life prisoner—by reason of mental disorder or inability to communicate because of physical disability, which cannot be made good by human or mechanical aid—is unable to provide instructions to his solicitor, the court will not set a punishment part.

The prisoner will continue to be detained until such time as he becomes well enough to instruct a solicitor. Such prisoners are unlikely to be able to be returned to prison, but as soon as they are considered capable of instructing legal representation, their case will be referred back to the High Court for a punishment part to be set.

If such a life prisoner was never considered capable of instructing legal representation, and so could not have a punishment part set, but was deemed to be no longer detainable on mental health grounds, consideration could be given at that point to release on licence on compassionate grounds.

I hope that the amendments address the issue that Gordon Jackson raised.

I move amendment 20.