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Custodial Sentences and Weapons (Scotland) Act 2007
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Criminal Procedure (Scotland) Act 1995 (c. 46)
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1(1)Section 167 of the 1995 Act (forms of finding and sentence in summary proceedings) is amended as follows.
(2)In subsection (7)—
(a)paragraph (a) and the word “or” immediately following it are repealed,
(b)for the words “previous sentence for a term or order” substitute “period mentioned in subsection (7D) below”, and
(c)for the words “later conviction or order” substitute “order mentioned in paragraph (b) of this subsection”.
(3)After subsection (7C), insert—
“(7D)The periods are—
(a)any previous custody-only sentence,
(b)the custody part of any previous custody and community sentence,
(c)any previous sentence for a term passed by a court in any part of the United Kingdom outwith Scotland,
following on conviction or any previous order for committal in default of payment of any sum of money or for contempt of court.
(7E)In subsection (7D) above, “custody and community sentence”, “custody-only sentence” and “custody part” have the meanings given by section 4(1) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17).”.
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