SCHEDULE 3SHORT-TERM CUSTODY AND COMMUNITY SENTENCES: CONSEQUENTIAL AMENDMENTS

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

14

1

Schedule 3 (sentences framed to run consecutively) is amended as follows.

2

In paragraph 1(4)(a), for “custody-only sentence, that sentence” substitute “ short-term custody and community sentence, one-half of that sentence ”.

3

Before paragraph 3 insert—

2A

1

This paragraph applies where—

a

the court imposes a short-term custody and community sentence as a further sentence,

b

the court frames the sentence to take effect in accordance with paragraph 1(2) or (3), and

c

the prisoner's previous sentence (or one of the prisoner's previous sentences) is a short-term custody and community sentence.

2

In determining the date on which the previous sentence expires, no account is to be taken of the period of confinement served under the further sentence.

3

In determining the date on which the further sentence expires, no account is to be taken of the balance of the previous sentence.

4

In paragraph 3—

a

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

b

after sub-paragraph (2) insert—

3

In determining the date on which the further sentence expires, no account is to be taken of the balance of the previous sentence.

5

After paragraph 3 insert—

3A

1

This paragraph applies where—

a

the court imposes a custody and community sentence as a further sentence,

b

the court frames the sentence to take effect in accordance with paragraph 1(2) or (3), and

c

the prisoner's previous sentence (or one of the prisoner's previous sentences) is a short-term custody and community sentence.

2

In determining the date on which the previous sentence expires, no account is to be taken of the period of confinement served under the further sentence.

3

In determining the date on which the further sentence expires, no account is to be taken of the balance of the previous sentence.

6

In paragraph 5—

a

sub-paragraph (1) is repealed,

b

in sub-paragraphs (2) and (3), for “paragraph 4” substitute “ the relevant paragraph ”,

c

in sub-paragraph (4)—

i

in paragraph (a), for “4(2) and (3)” substitute “ sub-paragraphs (2) and (3) of the relevant paragraph ”, and

ii

in paragraph (c), for “paragraph 4(3)” substitute “ sub-paragraph (3) of the relevant paragraph ”,

d

after sub-paragraph (4) insert—

4A

Where a short-term custody and community sentence or custody and community sentence imposed on a prisoner is an extended sentence, references in this schedule to—

a

the prisoner's “previous sentence” are to be read as references to the “previous confinement term” of the prisoner's sentence,

b

the prisoner's “further sentence” are to be read as references to the “further confinement term” of the prisoner's sentence.

e

after sub-paragraph (5) insert—

6

In this paragraph “the relevant paragraph” means paragraph 2A, 3, 3A or 4 (whichever applies in the circumstances described).