- Latest available (Revised)
- Original (As enacted)
Criminal Justice (Scotland) Act 2003
You are here:
- 2003 asp 7
- Part 4
- Consecutive sentences
- Section 26
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice (Scotland) Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to :
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 26 Coming into force by S.S.I. 2003/439 art. 2 Sch.
- s. 26 Coming into force by S.S.I. 2003/475 art. 2 Sch.
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2003/439 art. 2 3 Sch.
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2003/475 art. 2 3 Sch.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 15A inserted by 2004 asp 3 s. 3
- s. 15A repealed by 2010 asp 13 s. 89
Commencement Orders yet to be applied to the Criminal Justice (Scotland) Act 2003:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2003/288 art. 2 Sch. commences (2003 asp 7)
- S.S.I. 2004/240 art. 2 commences (2003 asp 7)
- S.S.I. 2004/451 art. 2 commences (2003 asp 7)
- S.S.I. 2005/433 art. 2 commences (2003 asp 7)
- S.S.I. 2006/85 art. 1 commences (2003 asp 7)
- S.S.I. 2006/168 art. 2 commences (2003 asp 7)
- S.S.I. 2006/332 art. 2 commences (2003 asp 7)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2004/874 art. 2 commences (2003 c. 42)
- S.I. 2009/1357 art. 2 commences (S.I. 2009/1182)
- S.I. 2011/1418 art. 2 commences (2010 c. 23)
- S.I. 2012/1319 art. 2(4) commences (2012 c. 7)
- S.S.I. 2004/420 art. 2 3 commences (2004 asp 8)
- S.S.I. 2005/168 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2005/553 art. 2 amendment to earlier commencing SSI 2004/420
- S.S.I. 2005/590 art. 2 commences (2004 asp 3)
- S.S.I. 2005/604 art. 2-4 commences (2004 c. 33)
- S.S.I. 2006/59 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2006/104 art. 2 amendment to earlier commencing SSI 2004/420 art. 2
- S.S.I. 2006/166 art. 2 commences (2005 c. 15)
- S.S.I. 2006/545 art. 2 commences (2005 asp 14)
- S.S.I. 2007/101 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2007/329 art. 2 Sch. commences (2004 asp 3)
- S.S.I. 2008/42 art. 3 commences (2007 asp 6)
- S.S.I. 2008/57 art. 2 commences (2004 asp 3)
- S.S.I. 2008/192 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/329 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2008/362 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/116 art. 3 Sch. commences (2007 asp 6)
- S.S.I. 2009/238 art. 1 revocation of earlier commencing SSI 2009/116
- S.S.I. 2009/250 art. 3(b) commences (2007 asp 6)
- S.S.I. 2009/432 art. 3 Sch. 1 2 commences (2007 asp 6)
- S.S.I. 2010/357 art. 2 commences (2009 asp 9)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
Prospective
26Consecutive sentences: life prisoners etc.S
This section has no associated Explanatory Notes
(1)After section 204A of the 1995 Act (which restricts the ability of a court to impose consecutive sentences in the case of prisoners released on licence etc.), there is inserted—
“204BConsecutive sentences: life prisoners etc.
(1)This section applies in respect of sentencing for offences committed after the coming into force of this section.
(2)Where, in solemn proceedings, the court sentences a person to imprisonment or other detention, the court may—
(a)if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or
(b)if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.
(3)Where, in such proceedings, it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.
(4)Where the court sentences a person to a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time, the court may, if the person is serving or is liable to serve for any offence—
(a)a previous sentence of imprisonment or other detention the term of which is not treated as part of a single term under section 27(5) of the 1993 Act; or
(b)two or more previous sentences of imprisonment or other detention the terms of which are treated as a single term under that section of that Act,
frame the sentence to take effect on the day after the person would (but for the sentence so framed and disregarding any subsequent sentence) be entitled to be released under the provisions referred to in section 204A of this Act as respects the sentence or sentences.
(5)Subsection (4)(a) above shall not apply where the sentence is a sentence from which he has been released at any time under the provisions referred to in section 204A of this Act.
(6)In this section, any reference to a punishment part of a sentence shall be construed by reference to—
(a)the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or
(b)any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,
and “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9).
(7)This section is without prejudice to any other power under any enactment or rule of law as respects sentencing.”.
(2)Section 167 of that Act (forms of finding and sentence) is amended as follows—
(a)in subsection (7) after the words “any previous sentence” there is inserted “ for a term ”; and
(b)after that subsection, there is inserted—
“(7A)Where the court imposes a sentence as mentioned in paragraph (a) of subsection (7) above for an offence committed after the coming into force of this subsection, the court may—
(a)if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or
(b)if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.
(7B)Where it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.
(7C)In subsections (7A) and (7B) above, any reference to a punishment part of a sentence shall be construed by reference to—
(a)the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or
(b)any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,
and “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9).”.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Cross Heading
Print This Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources