Explanatory Notes

Custodial Sentences and Weapons (Scotland) Act 2007

2007 asp 17

19 April 2007

Commentary on Parts

Part 2 - Confinement and Release of Prisoners

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

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