Criminal Justice and Licensing (Scotland) Act 2010

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

13 (1) Schedule 2 (prisoners serving more than one sentence) is amended as follows.

(2) Before paragraph 1, in the italic heading, for “custody-only” substitute “short-term custody and community”.

(3) In paragraph 1—

(a) in sub-paragraph (1)(a), for “custody-only” substitute “short-term custody and community”,

(b) in sub-paragraph (3)—

(i) for “and 34(1)” substitute “, 34(1) and 42A”, and

(ii) for “custody-only” in both places where it occurs substitute “short-term custody and community”, and

(c) after sub-paragraph (3) add—

“(4) In section 47(3A)—

(a) references to the expiry of one-half of the prisoner’s sentence are to be read as references to the expiry of one-half of the short-term custody and community sentence that expires after the expiry of one-half of the other short-term custody and community sentence (or sentences),

(b) in paragraph (a)(i), the reference to the expiry of the prisoner’s sentence is to be read as a reference to the longer (or longest) of the sentences imposed on the prisoner.”.

(4) Before paragraph 3, in the italic heading, for “custody-only” substitute “short-term custody and community”.

(5) In paragraph 3—

(a) in sub-paragraph (1)(a), for “custody-only” substitute “short-term custody and community”,

(b) in sub-paragraph (3), for “and 34(1)” substitute “, 34(1), 42A and subsections (3A) and (8)(a) of section 47”,

(c) in sub-paragraph (4)—

(i) for “the custody-only” substitute “one-half of the short-term custody and community”, and

(ii) in paragraph (a), for “any other custody-only” substitute “one-half of any other short-term custody and community”, and

(d) in sub-paragraph (5)(b)(ii) and (6)(b), for “the custody-only” substitute “at least one-half of the short-term custody and community”.

(6) In paragraph 5—

(a) in sub-paragraph (1), in both paragraphs (a) and (b), for “custody-only” substitute “short-term custody and community”,

(b) in sub-paragraph (3)—

(i) after “19” insert “, 29A, 29B”, and

(ii) after “(2)” insert “, 42A”, and

(c) in sub-paragraph (4)—

(i) for “the custody-only” substitute “one-half of the short-term custody and community”, and

(ii) in paragraph (a), for “any other custody-only” substitute “one-half of any other short-term custody and community”.

(7) In paragraph 6, in sub-paragraph (1)(b), after “section” insert “5,”.

(8) In paragraph 7, after sub-paragraph (1) insert—

“(1A) Where a short-term custody and community sentence imposed on a prisoner is an extended sentence, the modifications in paragraphs 1(3) and (4) and 3(4), (5)(b)(ii), (6) and (8A) are to be read subject to sub-paragraph (2).”.