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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This is the original version (as it was originally enacted).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 7Application of Part 2 to certain persons

54Persons detained under mental health provisions

(1)Where a transfer for treatment direction under section 136(2) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) has been made in respect of a person serving a sentence of imprisonment, this Part applies to that person as if—

(a)the person continues to serve the sentence while detained in hospital, and

(b)the person had not been removed to hospital.

(2)Where a person is conveyed to and detained in a hospital pursuant to a hospital direction under section 59A of the 1995 Act, this Part applies to that person as if, while so detained, the person were serving a sentence of imprisonment imposed at the time the direction was made.

55Application to young offenders and children

(1)This Part applies in relation to the persons mentioned in subsection (2) as it applies in relation to custody-only prisoners.

(2)Those persons are—

(a)a person on whom detention is imposed under section 207(2) of the 1995 Act for a period of less than 15 days,

(b)a person sentenced to be detained under section 208 of that Act for such a period.

(3)This Part applies in relation to the persons mentioned in subsection (4) as it applies in relation to custody and community prisoners.

(4)Those persons are—

(a)a person on whom detention is imposed under section 207(2) of the 1995 Act for a period of 15 days or more,

(b)a person sentenced to be detained under section 208 of that Act for such a period.

(5)This Part applies in relation to the persons mentioned in subsection (6) as it applies in relation to life prisoners.

(6)Those persons are—

(a)a person sentenced under section 205(2) or (3) of the 1995 Act to be detained without limit of time or for life,

(b)a person on whom detention without limit of time or for life is imposed under section 207(2) of that Act,

(c)a person sentenced to be detained without limit of time under section 208 of that Act.

(7)In this Part as applied by subsections (1), (3) and (5), references to imprisonment are to be read as references to detention; and cognate expressions are to be construed accordingly.

56Fine defaulters and persons in contempt of court

(1)This Part applies in relation to the persons mentioned in subsection (2) as it applies in relation to custody-only prisoners.

(2)Those persons are—

(a)a person serving by virtue of section 219(1) of the 1995 Act a period of imprisonment or, as the case may be, a period of detention in a young offenders institution,

(b)a person serving a period of imprisonment or, as the case may be, a period of detention in a young offenders institution for contempt of court.

(3)Subsection (1) does not apply in relation to—

(a)a person on whom the court imposes before the coming into force of this Part—

(i)a period of imprisonment in default of payment of a fine under paragraph (a) of section 219(1) of the 1995 Act, or

(ii)imprisonment for failure to a pay a fine, or any part or instalment of a fine, under paragraph (b) of that section, or

(b)a person found in contempt of court, where the conduct which is treated as contempt of court occurs (or first occurs) before the coming into force of this Part.

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