Custodial Sentences and Weapons (Scotland) Act 2007 Explanatory Notes

  • Explanatory Notes Table of contents

  1. Introduction

  2. The Act

  3. Commentary on Parts

    1. Part 1 – the Parole Board for Scotland

      1. Section 1 - The Parole Board for Scotland

    2. Schedule 1(introduced by section 1(5))

      The Parole Board for Scotland

      1. Membership

      2. Tenure of appointments

      3. Carrying out functions

      4. Removal of members

      5. Remuneration, allowances and other expenses

      6. Reporting and planning

    3. Section 2 - Parole Board rules

    4. Part 2 - Confinement and Release of Prisoners

      1. Chapter 1

        Introductory

        1. Section 3 - Application of Part 2

        2. Section 4 - Basic Definitions

      2. Chapter 2

        Confinement, Review and Release of Prisoners

        1. Custody-only prisoners

          1. Section 5 - Release on completion of sentence

        2. Custody and community prisoners

          1. Section 6 - Setting of custody part

          2. Section 7 - Power to amend section 6(4)

          3. Section 8 – Provision of information by court

          4. Section 9 - Joint arrangements between Scottish Ministers and local authorities

          5. Section 10 - Review by Scottish Ministers

          6. Section 11 - Consequences of review

          7. Section 12 - Review by Parole Board

          8. Section 13 – Release on community licence following review by Parole Board

          9. Section 14 - Determination that section 10(2) applicable: consequences

          10. Section 15 - Prisoner’s right to request early consideration by Parole Board

          11. Section 16 - Referral to Parole Board for the purposes of specifying conditions

          12. Section 17 - Further referral to Parole Board

          13. Section 18 - Cases where custody part specified as three-quarters of prisoner’s sentence

          14. Section 19 - Release after three-quarters of sentence served

        3. Life Prisoners

          1. Section 20 - Setting of punishment part

          2. Section 21 - Referral to Parole Board

          3. Section 22 - Review by Parole Board

          4. Section 23 - Release on life licence following review by Parole Board

          5. Section 24 - Determination that section 22(3) applicable: consequences

          6. Section 25 - Further referral to Parole Board

        4. Referral to Parole Board: postponement

          1. Section 26 - Referral to Parole Board: postponement

        5. Compassionate release on licence

          1. Section 27 - Compassionate release on licence

      3. CHAPTER 3

        Community and Life Licences

        1. The standard conditions

          1. Section 28 – Release on licence: the standard conditions

        2. The supervision conditions

          1. Section 29 - Release on licence of certain prisoners: the supervision conditions

        3. Community Licences

          1. Section 30 - Release on community licence on Parole Board’s direction

          2. Section 31 - Community licences in which Scottish Ministers may specify conditions

        4. Life licences

          1. Section 32 - Release on life licence: conditions

          2. Section 33 - Compassionate release on life licence: conditions

        5. Duration of licence

          1. Section 34 – Period during which licence in force

        6. Prisoner to comply with licence conditions

          1. Section 35 - Prisoner to comply with licence conditions

        7. Suspension

          1. Section 36 - Suspension of licence conditions while detained

        8. Revocation

          1. Section 37 - Revocation of licence

          2. Section 38 - Compassionate release: additional ground for revocation of licence

          3. Section 39 - Prisoners unlawfully at large

          4. Section 40 – Compassionate release: effect of revocation in certain circumstances

          5. Section 41 - Referral to Parole Board following revocation of licence

          6. Section 42 - Consideration by Parole Board

          7. Section 43 - Determination that section 42(3) applicable: consequences for custody and community prisoners

          8. Section 44 - Determination that section 42(3) applicable: consequences for life prisoners

          9. Section 45 - Prisoner’s right to request early reconsideration by Parole Board

        9. Single licence

          1. Section 46 - Multiple licences to be replaced by single licence

      4. Chapter 4

        Curfew Licences

        1. Section 47 - Curfew licences

        2. Section 48 - Curfew conditions

        3. Section 49 - Monitoring of curfew conditions

      5. Chapter 5

        General

        1. Section 50 - No release on weekends or public holidays

      6. Chapter 6

        Extended and Multiple Sentences

        1. Section 51 – Prisoners serving extended sentences: application of Part 2

        2. Section 52 – Prisoners serving more than one sentence: application of Part 2

      7. Schedule 2(introduced by section 52)

        Prisoners Serving More Than One Sentence: Application of Part 2

        1. Multiple custody-only sentences

        2. Multiple custody and community sentences

        3. Combinations of custody-only and custody and community sentences

        4. Multiple life sentences

        5. Combinations of life sentences and other sentences

        6. Single licence for released prisoner serving multiple sentences

        7. Special case: extended sentences

      8. Section 53 – Sentences framed to run consecutively

      9. Schedule 3(introduced by section 53)

        Sentences Framed to Be Run Consecutively

        1. Power to impose sentence to take effect on expiry of other sentence

        2. Postponement of sentencing where previous punishment part or custody part not specified

        3. Effect of sentences framed to take effect consecutively

        4. Effect of sentences framed to take effect consecutively on extension periods

        5. Application of schedule where previous sentence imposed by court outwith Scotland

      10. Chapter 7

        Application of Part 2 to Certain Persons

        1. Section 54 - Persons detained under mental health provisions

        2. Section 55 - Application to young offenders and children

        3. Section 56 – Fine defaulters and persons in contempt of court

      11. Chapter 8

        Cross-Border Transfer of Prisoners

        1. Section 57 – Cross-border transfer of prisoners

    5. Part 3 – Weapons

      1. Licensing of Knives, swords etc.

        1. Section 58 - Licensing of knife dealers

      2. The 1982 Act

        1. Section 59 - Knife dealers’ licences: further provision

      3. Sale etc. of weapons

        1. Section 60 – Sale etc. of weapons

      4. Swords

        1. Section 61 – Sale etc. of swords

      5. Crossbows

        1. Section 62 – Sale etc. of crossbows

      6. Possession of weapons in prisons etc.

        1. Section 63 – Possession of weapons in prisons etc.

    6. Schedule 4(introduced by section 66)

      Minor and Consequential Amendments

    7. Schedule 5(introduced by section 66)

    8. Schedule 6(introduced by section 66(3))

      Transitory Amendments of the Prisoners and Criminal Proceedings (Scotland) Act 1993

  4. Parliamentary History

  • Explanatory Notes Table of contents

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