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This is the original version (as it was originally enacted).

Power to impose sentence to take effect on expiry of other sentence

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1(1)This paragraph applies where—

(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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