- Latest available (Revised)
- Original (As enacted)
Custodial Sentences and Weapons (Scotland) Act 2007
You are here:
- 2007 asp 17
- SCHEDULE 3
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this schedule contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Custodial Sentences and Weapons (Scotland) Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 3:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- Sch. 3 para. 2A(1) inserted by 2010 asp 13 Sch. 3 para. 14(3)
- Sch. 3 para. 3(3) inserted by 2010 asp 13 Sch. 3 para. 14(4)(b)
- Sch. 3 para. 3A inserted by 2010 asp 13 Sch. 3 para. 14(5)
- Sch. 3 para. 5(4A) inserted by 2010 asp 13 Sch. 3 para. 14(6)(d)
- Sch. 3 para. 5(6) inserted by 2010 asp 13 Sch. 3 para. 14(6)(e)
- Sch. 3 para. 5(1) repealed by 2010 asp 13 Sch. 3 para. 14(6)(a)
- Sch. 3 para. 1(4)(a) text amended by 2010 asp 13 Sch. 3 para. 14(2)
- Sch. 3 para. 3(1)(a) text amended by 2010 asp 13 Sch. 3 para. 14(4)(a)
- Sch. 3 para. 5(2) text amended by 2010 asp 13 Sch. 3 para. 14(6)(b)
- Sch. 3 para. 5(3) text amended by 2010 asp 13 Sch. 3 para. 14(6)(b)
- Sch. 3 para. 5(4)(a) text amended by 2010 asp 13 Sch. 3 para. 14(6)(c)(i)
- Sch. 3 para. 5(4)(c) text amended by 2010 asp 13 Sch. 3 para. 14(6)(c)(ii)
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 29A inserted by 2010 asp 13 s. 18(6)
- s. 42A inserted by 2010 asp 13 Sch. 3 para. 6
- s. 46A inserted by 2010 asp 13 s. 18(7)
Commencement Orders yet to be applied to the Custodial Sentences and Weapons (Scotland) Act 2007:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2007/431 art. 3 Sch. commences (2007 asp 17)
- S.S.I. 2009/197 art. 2 Sch. commences (2007 asp 17)
Commencement Orders bringing legislation that affects this Act into force:
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
- S.S.I. 2011/178 art. 2 commences (2010 asp 13)
Prospective
SCHEDULE 3SSentences framed to run consecutively
(introduced by section 53)
This schedule has no associated Explanatory Notes
Power to impose sentence to take effect on expiry of other sentenceS
1(1)This paragraph applies where—S
(a)a prisoner is serving, or liable to serve, at least one sentence of imprisonment (the “previous sentence”), and
(b)the court imposes a further sentence of imprisonment for an offence (the “further sentence”).
(2)The court may, when imposing the further sentence on a prisoner serving, or liable to serve, one previous sentence, frame the further sentence to take effect immediately on the expiry of the relevant period of the previous sentence.
(3)The court may, when imposing the further sentence on a prisoner serving, or liable to serve, two or more previous sentences, frame the further sentence to take effect immediately on the expiry of the relevant period of whichever previous sentence the court considers appropriate.
(4)The relevant period, in relation to a sentence of imprisonment, is—
(a)in the case of a custody-only sentence, that sentence,
(b)in the case of a custody and community sentence, the custody part of that sentence,
(c)in the case of a life sentence, the punishment part of that sentence.
Postponement of sentencing where previous punishment part or custody part not specifiedS
2(1)This paragraph applies where—S
(a)it falls to the court to sentence a person who is subject to a previous sentence, and
(b)a punishment part or, as the case may be, custody part requires to be specified in respect of the previous sentence but has not been so specified.
(2)The court must not sentence the person until such time as the punishment part or, as the case may be, custody part–
(a)is specified, or
(b)no longer requires to be specified,
in respect of the previous sentence.
Effect of sentences framed to take effect consecutivelyS
3(1)This paragraph applies where—S
(a)the court imposes a custody-only sentence as a further sentence,
(b)the court frames the sentence to take effect in accordance with paragraph 1(2) or (3), and
(c)the prisoner's previous sentence (or one of the prisoner's previous sentences) is a custody and community sentence.
(2)In determining the date on which the previous sentence expires, no account is to be taken of the period of confinement served under the further sentence.
4(1)This paragraph applies where—S
(a)the court imposes a custody and community sentence as a further sentence,
(b)the court frames the sentence to take effect in accordance with paragraph 1(2) or (3), and
(c)the prisoner's previous sentence (or one of the prisoner's previous sentences) is a custody and community sentence.
(2)In determining the date on which the previous sentence expires, no account is to be taken of the period of confinement served under the custody part of the further sentence.
(3)In determining the date on which the further sentence expires, no account is to be taken of the balance of the previous sentence.
(4)The balance of the previous sentence is the term of the sentence less the custody part of the sentence.
Effect of sentences framed to take effect consecutively on extension periodsS
5(1)In paragraph 3, if the previous sentence is an extended sentence, the reference in sub-paragraph (2) of that paragraph to the date when the previous sentence is due to expire is to be read as a reference to the date when the confinement term of that sentence is due to expire.S
(2)In paragraph 4, if the previous sentence is an extended sentence—
(a)the reference in sub-paragraph (2) of that paragraph to the date when the previous sentence is due to expire is to be read as a reference to the date when the confinement term of that sentence is due to expire,
(b)the extension period of the previous sentence is to commence immediately after the date on which the further sentence expires in accordance with sub-paragraph (3) of that paragraph.
(3)In paragraph 4, if the further sentence is an extended sentence, the reference in sub-paragraph (3) of that paragraph to the date when the further sentence expires is to be read as a reference to the date when the confinement term of that sentence expires.
(4)Subject to section 210A(3) of the 1995 Act and to any direction by the court which imposes the further sentence, where both the further sentence and the previous sentence are extended sentences—
(a)the references in paragraph 4(2) and (3) to the dates when those sentences expire are to be read as references to the dates when the confinement terms of those sentences expire,
(b)the extension periods of the sentences must be aggregated, and
(c)that aggregated extension period is to commence immediately after the date on which the further sentence expires in accordance with paragraph 4(3).
(5)In this paragraph the expressions “extended sentence”, “the confinement term” and “the extension period” are to be construed in accordance with section 210A(2) of the 1995 Act.
Application of schedule where previous sentence imposed by court outwith ScotlandS
6The Scottish Ministers may by order make provision for or in connection with the application of this schedule (subject to modifications specified in the order) where a previous sentence is passed by a court in any part of the United Kingdom outwith Scotland.S
Options/Help
Print Options
Print The Whole Act
Print This Schedule only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources