The Question is that his amendment be added to the Bill.

As many as are of that opinion say 'Content' and of the contrary 'Not Content'.

Division! Clear the bar.

A01

• For section 2 (application), substitute:

  Introductory

  1. Minimum sentence provisions

  (1) A "minimum sentence provision" is a provision in any enactment, however framed or worded, which imposes or has the effect of imposing a minimum sentence requirement.

  (2) A "minimum sentence requirement", in relation to an offence, is a requirement which meets the following conditions:

  • (a) the requirement is a requirement that a sentence of imprisonment is passed on a person guilty of the offence, and
  • (b) the sentence of imprisonment must be of a fixed duration or must be for a period not less than a fixed duration.

  (3) Accordingly, the "minimum sentence" for an offence is, in relation to the offence, the duration mentioned in subsection (2)(b).

  Abolition of minimum sentences

  2. Abolition of minimum sentences

  Every minimum sentence provision ceases to have effect from the day this section comes into force.

  3. Review of sentences under minimum sentence provisions

  (1) A relevant convicted person may apply to the Court of Appeal for review under this section.

  (2) A "relevant convicted person" is a person on whom a sentence of imprisonment has been passed:

  • (a) for an offence in relation to which a minimum sentence provision had effect at the time the sentence was passed, and
  • (b) where the sentence of imprisonment is for the duration that was, at the time the sentence was passed, the minimum sentence for that offence.

  (3) On a review under this section, the Court of Appeal must:

  • (a) consider the circumstances of the offence, and
  • (b) take an action mentioned in subsection (4).

  (4) The actions mentioned in this subsection are:

  • (a) quashing the sentence and ordering the release of the relevant convicted person,
  • (b) substituting the duration of the sentence of imprisonment for a lesser duration, or
  • (c) confirming the sentence of imprisonment.

This amendment was submitted by the Most Honourable The Marquess of Lothian.

This division ends on 3rd October.