Custodial Sentences and Weapons (Scotland) Act 2007

  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

      1. Membership

        1. 1.The Parole Board is to consist of no fewer than...

        2. 2.The membership of the Parole Board must include—

        3. 3.(1) The Scottish Ministers must comply with any provision about...

      2. Tenure of appointments

        1. 4.Subject to paragraphs 5 to 9, a person is appointed...

        2. 5.A person ceases to be a member on the day...

        3. 6.If a member such as is mentioned in paragraph 2(a)...

        4. 7.If a member such as is mentioned in paragraph 2(b)...

        5. 8.A member may at any time resign by giving notice...

        6. 9.A person ceases to be a member on the day...

        7. 10.A person may be reappointed as a member of the...

        8. 11.A person who has resigned from the Parole Board may...

        9. 12.A person who ceases to be a member by virtue...

      3. Carrying out of functions

        1. 13.The convener of the Parole Board is to have regard...

      4. Removal of members

        1. 14.A member may be removed from the Parole Board only...

        2. 15.The tribunal may order the removal of a member only...

        3. 16.The tribunal is to consist of the following persons appointed...

        4. 17.The Scottish Ministers may, by regulations— (a) make provision—

      5. Remuneration, allowances and other expenses

        1. 18.Members of the Parole Board are to be paid such—...

        2. 19.The expenses of the Parole Board under paragraph 18 and...

      6. Reporting and planning

        1. 20.The Parole Board must, as soon as practicable after the...

        2. 21.The Parole Board must, as soon as practicable after the...

        3. 22.(1) The reporting year of the Parole Board is—

        4. 23.The Scottish Ministers must lay a copy of—

    2. SCHEDULE 2

      Prisoners serving more than one sentence: application of Part 2

      1. Multiple custody-only sentences

        1. 1.(1) This paragraph applies where a prisoner—

      2. Multiple custody and community sentences

        1. 2.(1) This paragraph applies where a prisoner—

      3. Combinations of custody-only and custody and community sentences

        1. 3.(1) This paragraph applies where a prisoner—

      4. Multiple life sentences

        1. 4.(1) This paragraph applies where a prisoner—

      5. Combinations of life sentences and other sentences

        1. 5.(1) This paragraph applies where a prisoner is serving, or...

      6. Single licence for released prisoner serving multiple sentences

        1. 6.(1) This paragraph applies where— (a) paragraph 2, 3, 4...

      7. Special case: extended sentences

        1. 7.(1) Where a custody and community sentence imposed on a...

    3. SCHEDULE 3

      Sentences framed to run consecutively

      1. Power to impose sentence to take effect on expiry of other sentence

        1. 1.(1) This paragraph applies where— (a) a prisoner is serving,...

      2. Postponement of sentencing where previous punishment part or custody part not specified

        1. 2.(1) This paragraph applies where— (a) it falls to the...

      3. Effect of sentences framed to take effect consecutively

        1. 3.(1) This paragraph applies where— (a) the court imposes a...

        2. 4.(1) This paragraph applies where— (a) the court imposes a...

      4. Effect of sentences framed to take effect consecutively on extension periods

        1. 5.(1) In paragraph 3, if the previous sentence is an...

      5. Application of schedule where previous sentence imposed by court outwith Scotland

        1. 6.The Scottish Ministers may by order make provision for or...

    4. SCHEDULE 4

      Minor and consequential amendments

      1. Criminal Procedure (Scotland) Act 1995 (c. 46)

        1. 1.(1) Section 167 of the 1995 Act (forms of finding...

        2. 2.In section 204A of the 1995 Act (restriction on consecutive...

        3. 3.(1) Section 210A of the 1995 Act (extended sentences for...

      2. Criminal Justice (Scotland) Act 2003 (asp 7)

        1. 4.(1) Section 40 of the Criminal Justice (Scotland) Act 2003...

      3. Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

        1. 5.(1) The Police, Public Order and Criminal Justice (Scotland) Act...

    5. SCHEDULE 5

      Repeals

    6. SCHEDULE 6

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

      1. 1.Until their repeal by this Act, sections 1 and 9...

      2. 2.In section 1 (release of short-term and long-term prisoners), in...

      3. 3.In section 9 (persons liable to removal from the United...