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Crime and Punishment (Scotland) Act 1997

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This is the original version (as it was originally enacted).

8Where a new sentence is to run consecutively to an old sentence and the prisoner concerned is in prison—

(a)because he has been recalled to prison by the Secretary of State, the new sentence shall begin, where he is recalled—

(i)after the expiry of one half and before the expiry of two thirds of the old sentence, at the expiry of two thirds of that sentence;

(ii)after the expiry of two thirds of the old sentence, at the expiry of the old sentence;

(iii)in either of the cases mentioned in sub-paragraphs (i) and (ii) above, and the Parole Board has directed his release under section 17(4) of the 1993 Act or has recommended his release under section 28(5) of the 1989 Act, on the date on which he would, by virtue of that direction or recommendation and but for the new sentence, have been released;

(b)as a result of an order made under section 16 of the 1993 Act (commission of offence by released prisoner), the new sentence shall begin on the date on which the return period determined by that order expires;

(c)both because he has been recalled by the Secretary of State and returned as a result of an order made under section 16 of the 1993 Act, the new sentence shall begin on the expiry of whichever of the recall period and the order period ends later.

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