Crime and Punishment (Scotland) Act 1997 (c. 48)

(The document as of February, 2008)

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(1) Evidence of the presence or absence of the offender at a particular place at a particular time may, subject to the provisions of this section, be given by the production of a document or documents bearing to be--

(a) a statement automatically produced by a device specified in regulations made under section 245C of this Act, by which the offender's whereabouts were remotely monitored; and

(b) a certificate signed by a person nominated for the purpose of this paragraph by the Secretary of State that the statement relates to the whereabouts of the person subject to the order at the dates and times shown in the statement.

(2) The statement and certificate mentioned in subsection (1) above shall, when produced at a hearing, be sufficient evidence of the facts set out in them.

(3) Neither the statement nor the certificate mentioned in subsection (1) above shall be admissible in evidence unless a copy of both has been served on the offender prior to the hearing and, without prejudice to the foregoing, where it appears to the court that the offender has had insufficient notice of the statement or certificate, it may adjourn a hearing or make any order which it thinks appropriate in the circumstances.

245I Procedure on variation or revocation of restriction of liberty order

Where a court exercises any power conferred by sections 232(3A), 245E(2) or 245F(2)(b) or (c) of this Act, the clerk of the court shall forthwith give copies of the order varying or revoking the restriction of liberty order to any person responsible for monitoring the offender's compliance with that order and that person shall give a copy of the order to the offender. " .

Mentally disordered offenders

6 Disposal in cases of mentally disordered offenders

(1) After section 59 of the 1995 Act (restriction orders), there shall be inserted the following section--

" 59A Hospital directions

(1) Subject to subsection (2) and (3) below, where a person is convicted on indictment in the High Court or in the sheriff court of an offence punishable by imprisonment, the court may, in addition to any sentence of imprisonment which it has the power or the duty to impose, by a direction under this subsection (in this Act referred to as a "hospital direction") authorise his admission to and detention in such hospital as may be specified in the direction.

(2) Subsection (1) above shall not apply where the person convicted is a child.

(3) A hospital direction shall not be made unless--

(a) the court is satisfied on the written or oral evidence of two medical practitioners (complying with section 61 of this Act) that the grounds set out in section 17(1) of the [1984 c. 36.] Mental Health (Scotland) Act 1984 apply in relation to the offender;

(b) the medical practitioners mentioned in paragraph (a) above each describe the person as suffering from the same form of mental disorder, being mental illness or mental handicap, whether or not he is also described by either of them as suffering from the other form; and

(c) the court is satisfied that the hospital to be specified in the direction can admit the person in respect of whom it is to be made within 7 days of the direction being made.

(4) A State hospital shall not be specified in a hospital direction in respect of the detention of a person unless the court is satisfied, on the evidence of the medical practitioners which is taken into account under paragraphs (a) and (b) of subsection (3) above, that the person--

(a) on account of his dangerous violent or criminal propensities requires treatment under conditions of special security; and

(b) cannot suitably be cared for in a hospital other than a State hospital.

(5) A hospital direction shall specify the form of mental disorder from which, upon the evidence taken into account under paragraphs (a) and (b) of subsection (3) above, the person in respect of whom it is made is found to be suffering.

(6) The court by which a hospital direction is made may give such additional directions as it thinks fit for the conveyance of the person in respect of whom it is made to a place of safety and for his detention in that place pending his admission to hospital within the period mentioned in paragraph (c) of subsection (3) above.

(7) The court shall not make an additional direction under subsection (6) above directing the conveyance of the person concerned to a place of safety which is a residential establishment unless it is satisfied that the managers of that establishment are willing to receive him in the establishment. " .

(2) In section 60 of the 1995 Act (appeals against disposal related to mental disorder)--

(a) for the words "or a restriction order" there shall be substituted the words ", a restriction order or a hospital direction"; and

(b) for the words "order in" there shall be substituted the words "order or, as the case may be, direction in".

(3) In section 204 of the 1995 Act (restrictions on the passing of sentence of imprisonment)--

(a) in subsection (2), the words from "and", where it first occurs, to the end shall cease to have effect; and

(b) after subsection (2), there shall be inserted the following subsection--

" (2A) For the purpose of determining under subsection (2) above whether any other method of dealing with such a person is appropriate, the court shall take into account--

(a) such information as it has been able to obtain from an officer of a local authority or otherwise about his circumstances;

(b) any information before it concerning his character and mental and physical condition;

(4) In section 207 of the 1995 Act (detention of young offenders), after subsection (4) there shall be inserted the following subsection--

" (4A) In forming an opinion under subsection (3) above the court shall take into account its power to make a hospital direction in addition to imposing a period of detention. " .

(5) In section 307 of the 1995 Act (interpretation), after the definition of "hospital" there shall be inserted the following definition--

" "hospital direction" has the meaning assigned to it by section 59A(1) of this Act; " .

7 Effect of hospital direction

(1) After section 62 of the 1984 Act, there shall be inserted the following section--

" 62A Effect of hospital direction

(1) A hospital direction made under section 59A of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 shall be sufficient authority--

(a) for a constable, a mental health officer, an officer on the staff of the hospital specified in the direction or other person directed to do so by the court to convey the person in respect of whom the direction has been made to the hospital specified in the direction within a period of 7 days; and

(b) for the managers of the hospital so specified to admit him at any time within that period and thereafter to detain him in accordance with the provisions of this Act.

(2) Where the managers of a hospital specified in a hospital direction propose to admit the patient to a hospital unit in that hospital, they shall, if that unit was not so specified, notify the Secretary of State and the Mental Welfare Commission of the patient's proposed admission to and detention in that unit; and the patient shall not be so admitted unless the Secretary of State has consented to the proposed admission.

(3) If within the period of 7 days referred to in subsection (1) of this section it appears to the Secretary of State that by reason of an emergency or other special circumstance it is not practicable for the person to whom the hospital direction relates to be received into the hospital specified in the direction, he may give a direction under this subsection for the admission of that person to such other hospital as appears to be appropriate in lieu of the hospital so specified.

(4) Where a direction is given by the Secretary of State under subsection (3) of this section, he shall cause the person having custody of the person to whom the hospital direction relates to be informed, and the hospital direction shall have effect as if the hospital specified in the direction under subsection (3) of this section were substituted for the hospital specified in the hospital direction.

(5) Where a patient has been admitted to a hospital under a hospital direction--

(a) none of the provisions of Part V of this Act relating to the duration, renewal and expiration of authority for the detention of patients shall apply, and the patient shall continue to be liable to be detained by virtue of the relevant hospital direction until he is remitted to prison in accordance with section 65(2) or 74(3) of this Act or he is discharged in accordance with section 74(8B) of this Act;

(b) the following powers shall be exercisable only with the consent of the Secretary of State, that is to say--

(i) power to grant leave of absence to the patient under section 27 of this Act;

(ii) power to transfer the patient under section 29 of this Act;

and if leave of absence is granted under the said section 27 the power to recall shall be vested in the Secretary of State as well as in the responsible medical officer;

and in relation to any such patient the provisions of the said Part V specified in Part II of the Second Schedule to this Act shall have effect subject to the exceptions and modifications set out in that Part and the remaining provisions of Part V shall not apply. " .

(2) In section 63 of that Act (rights of appeal of restricted patients)--

(a) in subsection (1)--

(i) in the definition of "restricted patient" after the word "order" there shall be substituted the words ", to a hospital direction"; and

(ii) for the definition of "relevant hospital order" and "relevant transfer direction" there shall be substituted the following definition--

" "relevant hospital order", "relevant hospital direction" and "relevant transfer direction", in relation to a restricted patient, mean the hospital order, hospital direction or transfer direction by virtue of which he is liable to be detained in a hospital. " ; and

(b) in subsection (2), in paragraph (a), after the word "order" there shall be inserted the words ", hospital direction".

(3) In section 65 of that Act (appeal where person is subject to restriction direction)--

(a) in subsection (1), after the word "subject" there shall be inserted the words "to a hospital direction or";

(b) in subsection (2)--

(i) in paragraph (a) for the words "removed to hospital" there shall be substituted the words "conveyed under a relevant hospital direction or removed under a relevant transfer direction to a hospital specified in the direction" and for the words "so removed" there shall be substituted the words "so conveyed or removed"; and

(ii) the words after paragraph (b) shall cease to have effect; and

" (3) Where a direction has been given under subsection (2) of this section, on the person's arrival in the prison or other institution or place to which he has been remitted by virtue of such a direction the relevant hospital direction or, as the case may be, the relevant transfer direction together with the restriction direction given in respect of the person shall cease to have effect. " .

(4) In section 74 of that Act (further provision as to transfer directions and restriction directions)--

(a) after subsection (1), there shall be inserted the following subsection--

" (1A) This subsection applies if the Secretary of State is satisfied as regards a person who has been conveyed to a hospital under a hospital direction as to the matters mentioned in subsection (2) below at a time when the person, by virtue of a sentence of imprisonment imposed on him at the time that direction was made, would but for that direction be in prison or being detained other than in a hospital. " ;

(b) in subsection (2), after the words "subsection (1)" there shall be inserted the words "and (1A)";

(i) after the words "subsection (1)" there shall be inserted the words "or (1A)";

(ii) after the word "been", where it occurs for the second time, there shall be inserted the words "conveyed or"; and

(iii) for the words "so removed" there shall be substituted the words "so conveyed or removed";

(d) in subsection (4), after the words "subsection (1)" there shall be inserted the words "or (1A)";

(e) in subsection (5), after the words "restriction direction" there shall be inserted the words "or, as the case may be, the hospital direction";

(f) after subsection (8), there shall be inserted the following subsections--

" (8A) This subsection applies where a hospital direction has been made in respect of a person and he has thereafter been released under the Crime and Punishment (Scotland) Act 1997.

(8B) Where subsection (8A) above applies--

(a) the hospital direction shall forthwith cease to have effect; and

(b) the person shall thereupon be discharged from hospital unless a report is furnished in respect of him under subsection (9) below. " ;

(g) in subsection (9)--

(i) after the word "before" there shall be inserted-- " --

(a) " ; and

(ii) after the word "above" there shall be inserted the following paragraph-- " ; or

(b) a hospital direction ceases to have effect, " ;

(h) in subsection (10), after the words "restriction direction", in both places where they occur, there shall be inserted the words "or, as the case may be, hospital direction"; and

(i) in subsection (11), after the words "transfer direction" there shall be inserted the words "or, as the case may be, hospital direction".

(5) In section 125 of that Act (interpretation), after the definition of "hospital" there shall be inserted the following definition--

" "hospital direction" has the meaning assigned to it by section 59A(1) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995; " .

8 Remand of persons suffering from mental disorder to private hospital

In section 70 of the 1984 Act (removal to hospital of persons on remand), the words "(not being a private hospital)" shall cease to have effect.

9 Power to specify hospital unit

(1) Subject to subsection (2) below, any power to specify a hospital which is conferred by--

(a) section 57(2)(a) of the 1995 Act (disposal where accused insane);

(b) section 58 of the 1995 Act (hospital orders);

(d) section 71 of the 1984 Act (transfer direction),

includes a power to specify a hospital unit; and where such a unit is specified in relation to any person in the exercise of such a power, any reference in any enactment (including one contained in this Act) to him being, or being liable to be, detained in a hospital shall be construed accordingly.

(2) In subsection (1) above--

(a) paragraph (a) shall not apply unless the court also makes an order under paragraph (b) of section 57(2) of the 1995 Act;

(b) paragraph (b) shall not apply unless the court also makes an order under section 59 of the 1995 Act;

(3) In this section--

"hospital", in relation to the exercise of a power, has the same meaning as in the enactment which confers the power;
"hospital unit" means any part of a hospital which is treated as a separate unit.

10 Medical evidence in relation to mentally disordered offenders

(1) In section 53 of the 1995 Act (interim hospital orders)--

(a) in subsection (1), the words "subsection (2) below and" shall cease to have effect; and

(b) subsection (2) shall cease to have effect.

(2) In section 61 of the 1995 Act (requirements as to medical evidence)--

(a) in subsection (1), for the words from "under" to "this Act" there shall be substituted the words "in making a finding under section 54(1)(a) of this Act or under any of the relevant provisions";

(b) after subsection (1) there shall be inserted the following subsection--

" (1A) Of the medical practitioners whose evidence is taken into account under section 53(1), 54(1)(c), 58(1)(a)(i) or 59A(3)(a) and (b) of this Act, at least one shall be employed at the hospital which is to be specified in the order or, as the case may be, direction. " ;

(c) in subsection (2), for the words "the said section 58(1)(a)" there shall be substituted the words "any of the relevant provisions";

(d) in subsection (3), for the words "the said sections 54(1) and 58(1)(a)" there shall be substituted the words "making a finding under section 54(1)(a) of this Act or of any of the relevant provisions"; and

(e) after subsection (5) there shall be added the following subsection--

" (6) In this section the "relevant provisions" means sections 53(1), 54(1)(c), 58(1)(a) and 59A(3)(a) and (b) of this Act. " .

11 Increase in maximum period of interim hospital orders

In section 53 of the 1995 Act (interim hospital orders), in subsection (6), for the words "six months" there shall be substituted the words "twelve months".

12 Sentence calculation where remand spent in hospital

In section 210 of the 1995 Act (consideration of time spent in custody), in subsection (1)--

(a) at the end of paragraph (a) there shall be inserted the words ", or spent in hospital awaiting trial or sentence by virtue of an order made under section 52, 53 or 200 of this Act"; and

(b) in paragraph (c), after subparagraph (ii) there shall be inserted the following words-- " ; or

(iii) has spent a period of time in hospital awaiting trial or sentence by virtue of an order made under section 52, 53 or 200 of this Act, " .

Increases in sentencing powers and penalties

13 Increase in sentences available to sheriff and district courts

(1) In section 3 of the 1995 Act (jurisdiction and powers of solemn courts)--

(a) in subsection (3), for the words "three years" there shall be substituted the words "five years";

(b) in subsection (4), for the words "three years" there shall be substituted "five years";

" (4A) Subject to subsection (5) below, where under any enactment passed or made after 1st January 1988 but before the commencement of section 13 of the Crime and Punishment (Scotland) Act 1997 (increase in sentencing powers of sheriff courts) an offence is punishable on conviction on indictment for a term exceeding three years but the enactment either expressly or impliedly restricts the power of the sheriff to impose a sentence of imprisonment for a term exceeding three years, it shall be competent for the sheriff to impose a sentence of imprisonment for a term exceeding three but not exceeding five years. " ; and

(d) in subsection (5), for the words "subsection (4)" there shall substituted the words "subsections (4) and (4A)".

(2) In section 5 of the 1995 Act (powers of sheriff when sitting as summary court)--

(a) in subsection (2)(d), for the words "three months" there shall be substituted the words "six months"; and

(b) in subsection (3), for the words "six months" there shall be substituted the words "twelve months".

(3) In section 195(2) of the 1995 Act (remit to High Court for sentence where sheriff's power limited by statute) for the words "three years", in both places where they occur, there shall be substituted the words "five years".

(4) In paragraph 12 of Schedule 3 to the [1995 c. 40.] Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (construction of references to penal servitude and hard labour), in sub-paragraph (3), for the words "two years" there shall be substituted the words "five years".

14 Increase in maximum penalty for certain sexual offences

(1) In section 5 of the [1995 c. 39.] Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with girls under the age of 16 years)--

(a) in subsection (2), for the words "two years" there shall be substituted the words "ten years"; and

(b) in subsection (3), for the words "two years" there shall be substituted the words "ten years".

(2) In section 6 of that Act (indecent behaviour towards a girl aged between 12 and 16 years), for the words "two years" there shall be substituted the words "ten years".

Powers of court to disqualify from driving

15 Driving disqualifications

(1) After section 248 of the 1995 Act there shall be inserted the following sections--

" 248A General power to disqualify offenders

(1) Subject to subsection (2) below, the court by or before which a person is convicted of an offence may, in addition to or instead of dealing with him in any other way, order him to be disqualified from holding or obtaining a licence to drive a motor vehicle granted under Part III of the [1988 c. 52.] Road Traffic Act 1988 for such period as it thinks fit.

(2) Where the person is convicted of an offence for which the sentence is fixed by law, subsection (1) above shall have effect as if the words "or instead of" were omitted.

(3) Subsections (2) and (4) of section 248 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.

248B Power to disqualify fine defaulters

(1) This section applies where the court has power to impose a period of imprisonment in default of payment of a fine, or any part or instalment of a fine.

(2) Where this section applies, the court may, instead of imposing such a period of imprisonment as is mentioned in subsection (1) above, order that where the offender is in default he shall be disqualified from holding a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988 for such period not exceeding twelve months as the court thinks fit.

(3) Where an order has been made under subsection (2) above in default of payment of any fine, or any part or instalment of a fine--

(a) on payment of the fine to any person authorised to receive it, the order shall cease to have effect; and

(b) on payment of any part of that fine to any such person, the period of disqualification to which the order relates shall be reduced (or, as the case may be, further reduced) by a number of days bearing as nearly as possible the same proportion to such period as the sum so paid bears to the amount of the fine outstanding at the commencement of that period.

(4) Subsections (2) and (4) of section 248 of this Act shall apply for the purposes of this section as they apply for the purposes of that section.

(5) Section 19 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (proof of disqualification in Scottish proceedings) shall apply to an order under subsection (2) above as it applies to a conviction or extract conviction.

(6) The Secretary of State may by order made by statutory instrument vary the period specified in subsection (2) above; but no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

248C Application of sections 248A and 248B

(1) The Secretary of State may by order prescribe which courts, or class or classes of courts, may make orders under section 248A or 248B of this Act and, without prejudice to that generality, in relation to district courts an order under this subsection may make provision as respects such courts by reference to whether the court is constituted by a stipendiary magistrate or by one or more justices.

(2) An order made under subsection (1) above shall be made by statutory instrument and any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Where an order has been made under subsection (1) above, section 248(1) of this Act shall not apply as respects any court, or class or classes of court prescribed by the order. " .

(2) In section 252(2) of the 1995 Act (application of fines provisions to compensation orders)--

(a) the word "and" in the third place where it occurs shall cease to have effect; and

(b) after the word "specified)" there shall be inserted the words " ; and

section 248B (driving disqualification for fine defaulters) so far as it relates to the power conferred by section 219(1)(b). " .

(3) In section 14(2) of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995 (application of fines provisions to confiscation orders), after paragraph (k) there shall be added the following paragraph--

" (l) section 248B. " .

Miscellaneous

16 Designated life prisoners

(1) In section 2 of the 1993 Act (duty to release discretionary life prisoners)--

(a) for subsection (1) there shall be substituted the following subsection--

" (1) In this Part of this Act "designated life prisoner", subject to subsection (9)(a) below and except where the context otherwise requires, means a person--

(a) sentenced to life imprisonment for an offence for which, subject to paragraph (b) below, such a sentence is not the sentence fixed by law;

(b) whose sentence was imposed under section 205A(2) of the 1995 Act (imprisonment for life on further conviction for certain offences); or

and in respect of whom the court which sentenced him for that offence made the order mentioned in subsection (2) below. " ; and

(b) in subsection (2)--

(i) the word "and" shall cease to have effect; and

(ii) after paragraph (b), there shall be inserted the words-- " ; and

(2) This subsection applies where, in the case of a person sentenced, prior to the coming into force of this section, in respect of a murder committed by him before he attained the age of 18 years, the Lord Justice General, whom failing the Lord Justice Clerk, after consultation with the trial judge, if available, certifies his opinion that, if section 2 of the 1993 Act, as amended by this Act, had been in force at the time when the prisoner was sentenced, the court by which he was sentenced would have ordered that that section should apply to him as soon as he had served a part of his sentence specified in the certificate.

(3) In a case to which subsection (2) above applies, Part I of the 1993 Act, except sections 1(4) and 2(9), shall apply as if--

(a) the life prisoner concerned were a designated life prisoner within the meaning of section 2 of that Act; and

(b) the designated part of his sentence within the meaning of that section were the part specified in the certificate.

(4) Where a person is serving two or more sentences of imprisonment for life or detention without limit of time or for life--

(a) he shall be treated as a designated life prisoner within the meaning of section 2 of the 1993 Act only if the requirements of subsection (2) above are satisfied in respect of each of those sentences; and

(b) notwithstanding the terms of any certificate under that subsection, subsections (4) and (6) of that section shall not apply to him until he has served the designated part of each of those sentences.

Part II Criminal Procedure

Appeals

17 Right of appeal

(1) In section 106 of the 1995 Act (right of appeal in solemn proceedings), for subsection (3) there shall be substituted the following subsections--

" (3) By an appeal under subsection (1) above a person may bring under review of the High Court any alleged miscarriage of justice, which may include such a miscarriage based on--

(a) subject to subsections (3A) to (3D) below, the existence and significance of evidence which was not heard at the original proceedings; and

(b) the jury's having returned a verdict which no reasonable jury, properly directed, could have returned.

(3A) Evidence such as is mentioned in subsection (3)(a) above may found an appeal only where there is a reasonable explanation of why it was not so heard.

(3B) Where the explanation referred to in subsection (3A) above or, as the case may be, (3C) below is that the evidence was not admissible at the time of the original proceedings, but is admissible at the time of the appeal, the court may admit that evidence if it appears to the court that it would be in the interests of justice to do so.

(3C) Without prejudice to subsection (3A) above, where evidence such as is mentioned in paragraph (a) of subsection (3) above is evidence--

(a) which is--

(i) from a person; or

(ii) of a statement (within the meaning of section 259(1) of this Act) by a person,

who gave evidence at the original proceedings; and

(b) which is different from, or additional to, the evidence so given,

it may not found an appeal unless there is a reasonable explanation as to why the evidence now sought to be adduced was not given by that person at those proceedings, which explanation is itself supported by independent evidence.

(3D) For the purposes of subsection (3C) above, "independent evidence" means evidence which--

(a) was not heard at the original proceedings;

(b) is from a source independent of the person referred to in subsection (3C) above; and

(2) In section 175 of the 1995 Act (right of appeal in summary proceedings), for subsection (5) there shall be substituted the following subsections--

" (5) By an appeal under subsection (2) above, an appellant may bring under review of the High Court any alleged miscarriage of justice which may include such a miscarriage based, subject to subsections (5A) to (5D) below, on the existence and significance of evidence which was not heard at the original proceedings.

(5A) Evidence which was not heard at the original proceedings may found an appeal only where there is a reasonable explanation of why it was not so heard.

(5B) Where the explanation referred to in subsection (5A) above or, as the case may be, (5C) below is that the evidence was not admissible at the time of the original proceedings, but is admissible at the time of the appeal, the court may admit that evidence if it appears to the court that it would be in the interests of justice to do so.

(5C) Without prejudice to subsection (5A) above, where evidence such as is mentioned in paragraph (a) of subsection (5) above is evidence--

(a) which is--

(i) from a person; or

(ii) of a statement (within the meaning of section 259(1) of this Act) by a person,

who gave evidence at the original proceedings; and

(b) which is different from, or additional to, the evidence so given,

(5D) For the purposes of subsection (5C) above, "independent evidence" means evidence which--

(a) was not heard at the original proceedings;

(b) is from a source independent of the person referred to in subsection (5C) above; and

(5E) By an appeal against acquittal under subsection (3) above a prosecutor may bring under review of the High Court any alleged miscarriage of justice. " .

18 Automatic sentences: jurisdiction and appeals

(1) In section 106(1) of the 1995 Act (right of appeal), after paragraph (b) there shall be inserted the following paragraph--

" (bb) against any decision not to exercise the power conferred by section 205A(3), 205B(3) or 209(1A) of this Act; " .

(2) After section 108 of the 1995 Act, there shall be inserted the following section--

" 108A Lord Advocate's appeal against decision not to impose automatic sentence in certain cases

Where the court has exercised the power conferred by section 205A(3), 205B(3) or 209(1A) of this Act, the Lord Advocate may appeal against that decision. "

(3) In section 112(1) of the 1995 Act (bail for appellants), in paragraph (b) after the words "section 108" there shall be inserted the words "or 108A".

(4) In section 116(2) of the 1995 Act (abandonment of part of appeal)--

(a) after the word "against", in the second place where it occurs, there shall be inserted the words "both conviction and a decision such as is mentioned in section 106(1)(bb) or"; and

(b) for the words "or disposal" there shall be substituted the words "or, as the case may be, decision, disposal".

(5) In section 118 of the 1995 Act (disposal of appeals)--

(a) in subsection (4), for the words "section 106(1)(c)" there shall be substituted the words "section 106(1)(bb)"; and

(b) after subsection (4) there shall be inserted the following subsection--

" (4A) On an appeal under section 108A of this Act, the High Court may dispose of the appeal--

(a) by affirming the decision and any sentence or order passed;

(b) where it is of the opinion mentioned in section 205A(3) or, as the case may be, 205B(3) of this Act but it considers that a different sentence or order should have been passed, by affirming the decision but quashing any sentence or order passed and passing another sentence or order whether more or less severe in substitution therefor; or

(c) in any other case, by setting aside the decision appealed against and any sentence or order passed by the trial court and where the decision appealed against was taken under--

(i) subsection (3) of section 205A of this Act, by passing the sentence mentioned in subsection (2) of that section;

(ii) subsection (3) of section 205B of this Act, by passing a sentence of imprisonment of at least the length mentioned in subsection (2) of that section; or

(iii) subsection (1A) of section 209 of this Act, by making a supervised release order as required by paragraph (a) of subsection (1) of that section. " .

(6) In section 121 of the 1995 Act (suspension of disqualification)--

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