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Custodial Sentences and Weapons (Scotland) Act 2007

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Referral to Parole Board: postponement

26Referral to Parole Board: postponement

(1)Subsection (2) applies where—

(a)a prisoner’s case is referred to the Parole Board under this Part (the “referred case”),

(b)after the referral another sentence of imprisonment is imposed on the prisoner (the “new sentence”),

(c)when that sentence is imposed, the Board has not fixed a date for considering the prisoner’s case, and

(d)the prisoner would not be eligible for release in relation to the new sentence on the date which would (apart from this section) have been fixed for considering the referred case.

(2)The Parole Board must—

(a)fix in accordance with subsection (5) a different date for considering the referred case, and

(b)if a further new sentence is imposed on the prisoner in relation to which the prisoner would not be eligible for release on that different date, fix in accordance with that subsection a further different date.

(3)Subsection (4) applies where—

(a)the Parole Board fixes a date for considering the referred case,

(b)before that date, a new sentence is imposed on the prisoner, and

(c)the prisoner would not be eligible for release in relation to the new sentence on that date.

(4)The Parole Board must—

(a)fix in accordance with subsection (5) a different date for considering the referred case, and

(b)if a further new sentence is imposed on the prisoner in relation to which the prisoner would not be eligible for release on that different date, fix in accordance with that subsection a further different date.

(5)A date is fixed in accordance with this subsection if—

(a)it is a date which would have been fixed in relation to the new sentence if that were the only sentence imposed on the prisoner, and

(b)it replaces any date previously fixed for considering the referred case.

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