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Criminal Justice (Scotland) Act 2016

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This is the original version (as it was originally enacted).

86Sentencing under the 1993 Act

Explanatory NotesShow EN

(1)Section 16 (commission of offence by released prisoner) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

(2)In subsection (1), for the words “or Part II of the Criminal Justice Act 1991” there is substituted “, Part II of the Criminal Justice Act 1991 or Part 12 of the Criminal Justice Act 2003”.

(3)In subsection (2)—

(a)in paragraph (a), for the words from “other” to “below” there is substituted “to which subsection (2A) does not apply”,

(b)in paragraph (b), for the words from “where” to “subsection (1)(a)” there is substituted “to which subsection (2A) applies”.

(4)After subsection (2) there is inserted—

“(2A)This subsection applies to a case if—

(a)the court mentioned in subsection (1)(b) is inferior to the court which imposed the original sentence, and

(b)the whole of the period described in subsection (2)(a) exceeds—

(i)if the court mentioned in subsection (1)(b) is a justice of the peace court (however constituted), 60 days,

(ii)if the court is the sheriff court sitting in summary proceedings, 12 months,

(iii)if the court is the sheriff court sitting in solemn proceedings, 5 years.”.

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