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sub-paragraph (1) is repealed,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).