Crime and Punishment (Scotland) Act 1997

1 (1) In this Schedule—

• “existing provisions” means the provisions relating to the detention or release of persons which are in force immediately prior to the date upon which Chapter 1 of Part III of this Act (hereinafter referred to as “the Chapter”) comes into force, and where those provisions are amended or repealed by this Act or any other enactment, that amendment or repeal shall apply for the purposes of those provisions and this Schedule only if expressly stated to do so;

• “new provisions” means the Chapter;

• “new offence” means an offence (including default in paying a fine and contempt of court) committed after the new provisions come into force;

• “old offence” means an offence (including default in paying a fine and contempt of court) committed before the new provisions come into force;

• “new sentence” means a sentence passed in respect of a new offence;

• “old sentence” means a sentence passed in respect of an old offence; and

• “sentence” includes a period of imprisonment imposed for default in paying a fine or for contempt of court.

(2) In subparagraph (1) above, the definitions of new offence, new sentence, old offence and old sentence shall have effect notwithstanding that conviction and sentence may occur after the Chapter comes into force.

(3) In relation to default in paying a fine, the date on which sentence is passed shall be taken to be, in relation to imprisonment imposed—

(a) under section 214(2) or 216 of the 1995 Act, the date on which the court imposes imprisonment; and

(b) under section 214(4) of the 1995 Act, the date on which the defaulter is committed to prison.