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Custodial Sentences and Weapons (Scotland) Act 2007
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- 2007 asp 17
- SCHEDULE 3
- Power to impose sentence to take effect on expiry of other sentence
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- 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)
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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
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.
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