SCHEDULE 4CONVICTIONS BY COURTS IN OTHER EU MEMBER STATES: MODIFICATIONS OF ENACTMENTS

PART 1THE 1995 ACT

The 1995 Act

8

In section 307 (interpretation)—

a

in subsection (1), insert the following definition at the appropriate place—

“conviction”, in relation to a previous conviction by a court outside Scotland, means a final decision of a criminal court establishing guilt of a criminal offence;

b

for subsection (5) substitute—

5

Except where the context requires otherwise—

a

any reference in this Act to a previous conviction is to be construed as a reference to a previous conviction by a court in any part of the United Kingdom or in any other member State of the European Union;

b

any reference in this Act to a previous sentence is to be construed as a reference to a previous sentence passed by any such court;

c

any reference to a previous conviction of a particular offence is to be construed, in relation to a previous conviction by a court outside Scotland, as a reference to a previous conviction of an equivalent offence; and

d

any reference to a previous sentence of a particular kind is to be construed, in relation to a previous sentence passed by a court outside Scotland, as a reference to a previous sentence of an equivalent kind.