Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

Part 2 S Confinement and release of prisoners

Modifications etc. (not altering text)

C1 Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2

Prospective

Chapter 1 S Introductory

3 Application of Part 2 S

This Part does not apply in relation to a sentence (other than a life sentence) imposed on a person for an offence committed before the coming into force of the Part.

4 Basic definitions S

(1) In this Part—

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46),

• “curfew condition” has the meaning given by section 48,

• “custody and community prisoner” means a person serving a custody and community sentence,

• “custody and community sentence” means a sentence of imprisonment for an offence for a term of 15 days or more,

• “custody-only prisoner” means a person serving a custody-only sentence,

• “custody-only sentence” means a sentence of imprisonment for a term of less than 15 days; and includes a sentence of detention imposed under section 206(2) of the 1995 Act (detention for up to 4 days in summary case),

• “custody part” has the meaning given by section 6(3),

• “life prisoner” means a person on whom a life sentence is imposed,

• “life sentence” means—

  (a)

  a sentence of life imprisonment for an offence for which that sentence is not the sentence fixed by law (a “discretionary life sentence”),

  (b)

  a sentence of life imprisonment for murder or for any other offence for which that sentence is the sentence fixed by law (a “mandatory life sentence”), or

  (c)

  a sentence of imprisonment for an indeterminate period constituted by an order for lifelong restriction under section 210F of the 1995 Act,

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• “Parole Board” means the Parole Board for Scotland,

• “punishment part” has the meaning given by section 20(3),

• “standard conditions” means the conditions mentioned in section 28(2), and

• “supervision conditions” means the conditions mentioned in section 29(4).

(2) The Scottish Ministers may by order amend the definitions of “custody and community sentence” and “custody-only sentence” in subsection (1) by substituting a different term for the term for the time being mentioned in those definitions.

(3) References in this Part to release on community licence are references to the release on licence of a custody and community prisoner.

(4) References in this Part to release on life licence are references to the release on licence of a life prisoner.