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Custodial Sentences and Weapons (Scotland) Act 2007

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This is the original version (as it was originally enacted).

Chapter 1Introductory

3Application of Part 2

This Part does not apply in relation to a sentence (other than a life sentence) imposed on a person for an offence committed before the coming into force of the Part.

4Basic definitions

(1)In this Part—

  • “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46),

  • “curfew condition” has the meaning given by section 48,

  • “custody and community prisoner” means a person serving a custody and community sentence,

  • “custody and community sentence” means a sentence of imprisonment for an offence for a term of 15 days or more,

  • “custody-only prisoner” means a person serving a custody-only sentence,

  • “custody-only sentence” means a sentence of imprisonment for a term of less than 15 days; and includes a sentence of detention imposed under section 206(2) of the 1995 Act (detention for up to 4 days in summary case),

  • “custody part” has the meaning given by section 6(3),

  • “life prisoner” means a person on whom a life sentence is imposed,

  • “life sentence” means—

    (a)

    a sentence of life imprisonment for an offence for which that sentence is not the sentence fixed by law (a “discretionary life sentence”),

    (b)

    a sentence of life imprisonment for murder or for any other offence for which that sentence is the sentence fixed by law (a “mandatory life sentence”), or

    (c)

    a sentence of imprisonment for an indeterminate period constituted by an order for lifelong restriction under section 210F of the 1995 Act,

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

  • “Parole Board” means the Parole Board for Scotland,

  • “punishment part” has the meaning given by section 20(3),

  • “standard conditions” means the conditions mentioned in section 28(2), and

  • “supervision conditions” means the conditions mentioned in section 29(4).

(2)The Scottish Ministers may by order amend the definitions of “custody and community sentence” and “custody-only sentence” in subsection (1) by substituting a different term for the term for the time being mentioned in those definitions.

(3)References in this Part to release on community licence are references to the release on licence of a custody and community prisoner.

(4)References in this Part to release on life licence are references to the release on licence of a life prisoner.

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