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Custodial Sentences and Weapons (Scotland) Act 2007
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- Acts of the Scottish Parliament
- 2007 asp 17
- SCHEDULE 3
- Power to impose sentence...
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Changes over time for: Cross Heading: Power to impose sentence to take effect on expiry of other sentence
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This version of this cross heading contains provisions that are prospective.
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Changes to legislation:
Custodial Sentences and Weapons (Scotland) Act 2007, Cross Heading: Power to impose sentence to take effect on expiry of other sentence is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 29A inserted by 2010 asp 13 s. 18(6)
- s. 42A inserted by 2010 asp 13 Sch. 3 para. 6
- s. 45(1)(za) (zb) inserted by 2010 asp 13 Sch. 3 para. 7(2)
- s. 46A inserted by 2010 asp 13 s. 18(7)
- s. 47(3A) inserted by 2010 asp 13 s. 18(8)(c)
- s. 47(8)(a) (b) substituted for words by 2010 asp 13 s. 18(8)(e)
- s. 51(1A) inserted by 2010 asp 13 Sch. 3 para. 9(3)
- Sch. 2 para. 1(4) added by 2010 asp 13 Sch. 3 para. 13(3)(c)
- Sch. 2 para. 7(1A) inserted by 2010 asp 13 Sch. 3 para. 13(8)
- Sch. 3 para. 2A inserted by 2010 asp 13 Sch. 3 para. 14(3)
- Sch. 3 para. 3(3) inserted by 2010 asp 13 Sch. 3 para. 14(4)(b)
- Sch. 3 para. 3A inserted by 2010 asp 13 Sch. 3 para. 14(5)
- Sch. 3 para. 5(4A) inserted by 2010 asp 13 Sch. 3 para. 14(6)(d)
- Sch. 3 para. 5(6) inserted by 2010 asp 13 Sch. 3 para. 14(6)(e)
Prospective
Power to impose sentence to take effect on expiry of other sentenceS
1(1)This paragraph applies where—S
(a)a prisoner is serving, or liable to serve, at least one sentence of imprisonment (the “previous sentence”), and
(b)the court imposes a further sentence of imprisonment for an offence (the “further sentence”).
(2)The court may, when imposing the further sentence on a prisoner serving, or liable to serve, one previous sentence, frame the further sentence to take effect immediately on the expiry of the relevant period of the previous sentence.
(3)The court may, when imposing the further sentence on a prisoner serving, or liable to serve, two or more previous sentences, frame the further sentence to take effect immediately on the expiry of the relevant period of whichever previous sentence the court considers appropriate.
(4)The relevant period, in relation to a sentence of imprisonment, is—
(a)in the case of a custody-only sentence, that sentence,
(b)in the case of a custody and community sentence, the custody part of that sentence,
(c)in the case of a life sentence, the punishment part of that sentence.
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