Criminal Justice (Minimum Sentences) (Scotland) Act 2018 1

MODEL
SCOTTISH PARLIAMENT

Criminal Justice (Minimum Sentences) (Scotland) Bill

SP Bill 58

(as introduced)

An Act of the Scottish Parliament to abolish any obligation on a court that a minimum sentence of
imprisonment is imposed as a penalty for an offence.

Abolition of minimum sentences

1 Minimum sentences
(1) In this Act, a reference to a “minimum sentence provision” is a reference to a provision in
any enactment, however framed or worded, which imposes a minimum sentence requirement.
(2) For the purposes of this Act, a “minimum sentence requirement” is a requirement imposed
in relation to an offence and which meets the following conditions—
(a) it is a requirement that a sentence of imprisonment is passed on a person guilty of
the offence, and
(b) it requires the sentence of imprisonment to be of a fixed duration or for a period not
less than a fixed duration.

2 Abolition of minimum sentences

On the day this section comes into force, a minimum sentence provision ceases to have
effect so far as it imposes a minimum sentence requirement.

General

3 Saving
Nothing in this Act affects any conviction occurring or sentence passed before the day this
section comes into force.

4 Commencement
This Act comes into 2 months after Royal Assent.

5 Short title
The short title of this Act is the Criminal Justice (Minimum Sentences) (Scotland) Act
2018.