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Custodial Sentences and Weapons (Scotland) Act 2007

Schedule 3(introduced by section 53) .Sentences Framed to Be Run Consecutively

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

114.Paragraph 1 provides the main power to impose a sentence to run consecutively to other sentences. It is intended to apply to the case where the prisoner is already serving another sentence and the court wants the new sentence to run consecutively to that existing sentence; and to the case where the court is imposing more than one sentence and it wants them to run consecutively.

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

115.Paragraph 2 provides that the where the court is required to sentence a person who is awaiting the setting of a custody or punishment part for a previous offence, the court may not set the custody or punishment part of the subsequent offence until the previous custody or punishment part has been set.

Effect of sentences framed to take effect consecutively

116.The provisions in paragraphs 3 and 4 deal with the situations where consecutive sentences are intended to intertwine rather than run purely consecutively. There are two circumstances where this might happen. The table below sets out how this schedule deals with the various permutations of sentences running consecutively.

Previous Sentence (PS)Further Sentence (FS)Order to be servedRelevant provisions of schedule
Custody-onlyCustody-onlyCustody-only PS – Custody-only FSPara 1
Custody-onlyCustody and communityCustody-only PS – Custody part of FS – Community part of FSPara 1
Custody-onlyLife

Custody-only PS – Punishment Part of FS –

Life licence

Para 1
Custody and communityCustody-onlyCustody part of PS – Custody-only FS – Community part of PSParas 1 and 3
Custody and communityCustody and community

Custody part of PS – Custody part of FS – Community part of PS –

Community part of FS

Paras 1 and 4
Custody and communityLife

Custody Part of PS – Punishment Part of FS –

Life licence

Para 1
LifeCustody-only

Punishment part of PS – Custody-only FS –

Life licence

Para 1 (the multiple sentence provisions make it clear when the life licence is due to begin)
LifeCustody and communityPunishment part of PS – Custody Part of FS – Life licencePara 1
LifeLife

Punishment part of PS – Punishment Part of FS –

Life licence

Para 1

Effect of sentences framed to take effect consecutively on extension periods

117.Paragraph 5 provides the arrangements for the effects of extended sentences to be framed consecutively. The table below sets out how this schedule deals with the various permutations of sentences running consecutively.

Previous Sentence (PS)Further Sentence (FS)Order to be servedRelevant provisions of schedule
Custody and community (Extended)Custody-onlyCustody part of PS – Custody-only FS – Community part of PS – Extension period of PSParas 1, 3 and 5(1)
Custody and community (Extended)Custody and communityCustody part of PS – Custody part of FS – Community part of PS – Community part of FS – Extension period of PSParas 1, 4 and 5(2)
Custody and communityCustody and community (Extended)Custody part of PS – Custody part of FS – Community part of PS – Community part of FS – Extension period of FSParas 1, 4 and 5(3)
Custody and community (Extended)Custody and community (Extended)Custody part of PS – Custody part of FS – Community part of PS – Community part of FS – Aggregated extension period for PS and FS (limited to a maximum of ten years)Paras 1, 4 and 5(4)

Application of schedule where previous sentence imposed by court outwith Scotland

118.Paragraph 6 provides Scottish Ministers with an order making power to make provision to apply this section where a previous sentence has been passed in a court in any part of the United Kingdom outwith Scotland.

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