This version of this cross heading contains provisions that are prospective.
Custodial Sentences and Weapons (Scotland) Act 2007, Cross Heading: Effect of sentences framed to take effect consecutively is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Prospective
3(1)This paragraph applies where—S
(a)the court imposes a custody-only 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 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.
4(1)This paragraph applies where—S
(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 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 custody part of 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)The balance of the previous sentence is the term of the sentence less the custody part of the sentence.
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
