1. This Order may be cited as the Offenders Assisting Investigations and Prosecutions (Substituted Sentences) (Scotland) Order 2008 and comes into force on 30th June 2008.
2. In this Order–
“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993(1);
“the original sentence” is the sentence passed on an offender who falls within section 92(2) of the Police, Public Order and Criminal Justice (Scotland) Act 2006; and
“the substitute sentence” is the sentence that is substituted for the original sentence under section 92(7) or (9) or on appeal under section 92(11) of the Police, Public Order and Criminal Justice (Scotland) Act 2006.
3.—(1) In calculating for the purpose of Part I of the 1993 Act the total period of time that must be served in custody under the substitute sentence, there shall be deducted from that period any period of time served in custody under the original sentence.
(2) In calculating for the purpose of Part I of the 1993 Act the total period of time during which a person is, or is to be, released on licence in respect of the substitute sentence, there shall be deducted from that period any period of time–
(a)served in custody under the original sentence which is surplus to that which the person requires to serve in custody under the substitute sentence taking account of paragraph (1) of this article;
(b)during which the person was released on licence under that Part of that Act in respect of the original sentence before the date on which (but for that release) that sentence would have been served in full; and
(c)during which the person was released unconditionally under that Part of that Act in respect of the original sentence before the date on which (but for that release) that sentence would have been served in full.
(3) In calculating for the purpose of Part I of the 1993 Act the total period of time during which a person is, or is to be, released unconditionally in respect of the substitute sentence, there shall be deducted from that period any period of time–
(a)served in custody under the original sentence which is surplus to that which the person requires to serve in custody under the substitute sentence taking account of paragraph (1) of this article;
(b)during which the person was released on licence under that Part of that Act in respect of the original sentence before the date on which (but for that release) that sentence would have been served in full; and
(c)during which the person was released unconditionally under that Part of that Act in respect of the original sentence, before the date on which (but for that release) that sentence would have been served in full.
KENNY MACASKILL
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
5th June 2008