Crime and Punishment (Scotland) Act 1997

16 (1) This paragraph applies where a prisoner who is being held on remand in respect of both an old offence and a new offence is, in consequence of the same act or omission—

(a) awarded additional days in respect of any prospective old sentence which may be imposed upon him; and

(b) is made subject to an order by which he forfeits early release days, in respect of any prospective new sentence which may be imposed upon him.

(2) Where the prisoner receives—

(a) only an old sentence, he is liable to the additional days mentioned in subparagraph (1)(a) above;

(b) only a new sentence, he is liable only to forfeit the early release days mentioned in subparagraph (1)(b) above.

(3) Where the prisoner receives both an old and a new sentence which are to run—

(a) consecutively, he is liable to the additional days, if the longer or, as the case may be, longest sentence is an old sentence, or to the forfeiture of the early release days, if the longer or, as the case may be longest, sentence is a new sentence;

(b) concurrently, he is liable either to the additional days or, as the case may be, to the forfeiture of the early release days, depending on whether the sentence is, in accordance with paragraph 14 above, to be treated as an old or, as the case may be, a new sentence.