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Criminal Justice (Scotland) Act 2016
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Matters for paragraph 3(2)(b)
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4(1)For the purpose of paragraph 3(2)(b), the matters are—
(a)the number of offences in connection with which the person was subject to investigative liberation conditions when offence O was committed,
(b)any previous conviction the person has for an offence under paragraph 1(1)(a),
(c)the extent to which the sentence or disposal in respect of any previous conviction differed, by virtue of paragraph 3(2), from that which the court would have imposed but for that paragraph.
(2)In sub-paragraph (1)—
(a)in paragraph (b), the reference to any previous conviction includes any previous conviction by a court in England and Wales, Northern Ireland or a member State of the European Union (other than the United Kingdom) for an offence that is equivalent to an offence under paragraph 1(1)(a),
(b)in paragraph (c), the references to paragraph 3(2) are to be read, in relation to a previous conviction by a court referred to in paragraph (a) of this sub-paragraph, as references to any provision that is equivalent to paragraph 3(2).
(3)Any issue of equivalence arising under sub-paragraph (2)(a) or (b) is for the court to determine.
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