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 served | Relevant provisions of schedule |
|---|---|---|---|
| Custody-only | Custody-only | Custody-only PS – Custody-only FS | Para 1 |
| Custody-only | Custody and community | Custody-only PS – Custody part of FS – Community part of FS | Para 1 |
| Custody-only | Life | Custody-only PS – Punishment Part of FS Life licence | Para 1 |
| Custody and community | Custody-only | Custody part of PS – Custody-only FS – Community part of PS | Paras 1 and 3 |
| Custody and community | Custody and community | Custody part of PS – Custody part of FS – Community part of PS Community part of FS | Paras 1 and 4 |
| Custody and community | Life | Custody Part of PS – Punishment Part of FS Life licence | Para 1 |
| Life | Custody-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) |
| Life | Custody and community | Punishment part of PS – Custody Part of FS – Life licence | Para 1 |
| Life | Life | 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 served | Relevant provisions of schedule |
|---|---|---|---|
| Custody and community (Extended) | Custody-only | Custody part of PS – Custody-only FS – Community part of PS – Extension period of PS | Paras 1, 3 and 5(1) |
| Custody and community (Extended) | Custody and community | Custody part of PS – Custody part of FS – Community part of PS – Community part of FS – Extension period of PS | Paras 1, 4 and 5(2) |
| Custody and community | Custody and community (Extended) | Custody part of PS – Custody part of FS – Community part of PS – Community part of FS – Extension period of FS | Paras 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.
