- Latest available (Revised)
- Original (As enacted)
Custodial Sentences and Weapons (Scotland) Act 2007
You are here:
What Version
Advanced Features
Opening Options
Status:
This is the original version (as it was originally enacted).
26Referral to Parole Board: postponement
Explanatory NotesShow EN
(1)Subsection (2) applies where—
(a)a prisoner’s case is referred to the Parole Board under this Part (the “referred case”),
(b)after the referral another sentence of imprisonment is imposed on the prisoner (the “new sentence”),
(c)when that sentence is imposed, the Board has not fixed a date for considering the prisoner’s case, and
(d)the prisoner would not be eligible for release in relation to the new sentence on the date which would (apart from this section) have been fixed for considering the referred case.
(2)The Parole Board must—
(a)fix in accordance with subsection (5) a different date for considering the referred case, and
(b)if a further new sentence is imposed on the prisoner in relation to which the prisoner would not be eligible for release on that different date, fix in accordance with that subsection a further different date.
(3)Subsection (4) applies where—
(a)the Parole Board fixes a date for considering the referred case,
(b)before that date, a new sentence is imposed on the prisoner, and
(c)the prisoner would not be eligible for release in relation to the new sentence on that date.
(4)The Parole Board must—
(a)fix in accordance with subsection (5) a different date for considering the referred case, and
(b)if a further new sentence is imposed on the prisoner in relation to which the prisoner would not be eligible for release on that different date, fix in accordance with that subsection a further different date.
(5)A date is fixed in accordance with this subsection if—
(a)it is a date which would have been fixed in relation to the new sentence if that were the only sentence imposed on the prisoner, and
(b)it replaces any date previously fixed for considering the referred case.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
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.