Search Legislation

Custodial Sentences and Weapons (Scotland) Act 2007

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 The Parole Board for Scotland

    1. 1.The Parole Board for Scotland

    2. 2.Parole Board rules

  3. Part 2 Confinement and release of prisoners

    1. Chapter 1 Introductory

      1. 3.Application of Part 2

      2. 4.Basic definitions

    2. Chapter 2 Confinement, review and release of prisoners

      1. Custody-only prisoners

        1. 5.Release on completion of sentence

      2. Custody and community prisoners

        1. 6.Setting of custody part

        2. 7.Power to amend section 6(4)

        3. 8.Provision of information by court

        4. 9.Joint arrangements between Scottish Ministers and local authorities

        5. 10.Review by Scottish Ministers

        6. 11.Consequences of review

        7. 12.Review by Parole Board

        8. 13.Release on community licence following review by Parole Board

        9. 14.Determination that section 10(2) applicable: consequences

        10. 15.Prisoner’s right to request early reconsideration by Parole Board

        11. 16.Referral to Parole Board for the purposes of specifying conditions

        12. 17.Further referral to Parole Board

        13. 18.Cases where custody part specified as three-quarters of prisoner’s sentence

        14. 19.Release after three-quarters of sentence served

      3. Life prisoners

        1. 20.Setting of punishment part

        2. 21.Referral to Parole Board

        3. 22.Review by Parole Board

        4. 23.Release on life licence following review by Parole Board

        5. 24.Determination that section 22(3) applicable: consequences

        6. 25.Further referral to Parole Board

      4. Referral to Parole Board: postponement

        1. 26.Referral to Parole Board: postponement

      5. Compassionate release on licence

        1. 27.Compassionate release on licence

    3. Chapter 3 Community and life licences

      1. The standard conditions

        1. 28.Release on licence: the standard conditions

      2. The supervision conditions

        1. 29.Release on licence of certain prisoners: the supervision conditions

      3. Community licences

        1. 30.Release on community licence on Parole Board’s direction

        2. 31.Community licences in which Scottish Ministers may specify conditions

      4. Life licences

        1. 32.Release on life licence: conditions

        2. 33.Compassionate release on life licence: conditions

      5. Duration of licence

        1. 34.Period during which licence in force

      6. Prisoner to comply with licence conditions

        1. 35.Prisoner to comply with licence conditions

      7. Suspension

        1. 36.Suspension of licence conditions while detained

      8. Revocation

        1. 37.Revocation of licence

        2. 38.Compassionate release: additional ground for revocation of licence

        3. 39.Prisoners unlawfully at large

        4. 40.Compassionate release: effect of revocation in certain circumstances

        5. 41.Referral to Parole Board following revocation of licence

        6. 42.Consideration by Parole Board

        7. 43.Determination that section 42(3) applicable: consequences for custody and community prisoners

        8. 44.Determination that section 42(3) applicable: consequences for life prisoners

        9. 45.Prisoner’s right to request early reconsideration by Parole Board

      9. Single licence

        1. 46.Multiple licences to be replaced by single licence

    4. Chapter 4 Curfew licences

      1. 47.Curfew licences

      2. 48.Curfew conditions

      3. 49.Monitoring of curfew conditions

    5. Chapter 5 No release on weekends or public holidays

      1. 50.No release on weekends or public holidays

    6. Chapter 6 Extended and multiple sentences

      1. 51.Prisoners serving extended sentences: application of Part 2

      2. 52.Prisoners serving more than one sentence: application of Part 2

      3. 53.Sentences framed to run consecutively

    7. Chapter 7 Application of Part 2 to certain persons

      1. 54.Persons detained under mental health provisions

      2. 55.Application to young offenders and children

      3. 56.Fine defaulters and persons in contempt of court

    8. Chapter 8 Cross-border transfer of prisoners

      1. 57.Cross-border transfer of prisoners

  4. Part 3 Weapons

    1. Licensing of knives, swords etc.

      1. 58.Licensing of knife dealers

      2. 59.Knife dealers' licences: further provision

    2. Sale etc. of weapons

      1. 60.Sale etc. of weapons

    3. Swords

      1. 61.Sale etc. of swords

    4. Crossbows

      1. 62.Sale etc. of crossbows

    5. Possession of weapons in prisons etc.

      1. 63.Possession of weapons in prisons etc.

  5. Part 4 General

    1. 64.Ancillary provision

    2. 65.Rules, regulations and orders

    3. 66.Minor and consequential amendments and repeals

    4. 67.Short title and commencement

    1. Schedule 1

      The Parole Board for Scotland

    2. Schedule 2

      Prisoners serving more than one sentence: application of Part 2

    3. Schedule 3

      Sentences framed to run consecutively

    4. Schedule 4

      Minor and consequential amendments

    5. Schedule 5

      Repeals

    6. Schedule 6

      Transitory amendments of the Prisoners and Criminal Proceedings (Scotland) Act 1993

Back to top

Options/Help

Print Options

Close

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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

Close

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
Close

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