SCHEDULE 3SHORT-TERM CUSTODY AND COMMUNITY SENTENCES: CONSEQUENTIAL AMENDMENTS

Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)

14

(1)

Schedule 3 (sentences framed to run consecutively) is amended as follows.

(2)

In paragraph 1(4)(a), for “custody-only sentence, that sentence” substitute “ short-term custody and community sentence, one-half of that sentence ”.

(3)

Before paragraph 3 insert—

“2A

(1)

This paragraph applies where—

(a)

the court imposes a short-term 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 short-term 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.

(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)

In paragraph 3—

(a)

in sub-paragraph (1)(a), for “custody-only” substitute “ short-term custody and community ”, and

(b)

after sub-paragraph (2) insert—

“(3)

In determining the date on which the further sentence expires, no account is to be taken of the balance of the previous sentence.”.

(5)

After paragraph 3 insert—

“3A

(1)

This paragraph applies where—

(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 short-term 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.

(3)

In determining the date on which the further sentence expires, no account is to be taken of the balance of the previous sentence.”.

(6)

In paragraph 5—

(a)

sub-paragraph (1) is repealed,

(b)

in sub-paragraphs (2) and (3), for “paragraph 4” substitute “ the relevant paragraph ”,

(c)

in sub-paragraph (4)—

(i)

in paragraph (a), for “4(2) and (3)” substitute “ sub-paragraphs (2) and (3) of the relevant paragraph ”, and

(ii)

in paragraph (c), for “paragraph 4(3)” substitute “ sub-paragraph (3) of the relevant paragraph ”,

(d)

after sub-paragraph (4) insert—

“(4A)

Where a short-term custody and community sentence or custody and community sentence imposed on a prisoner is an extended sentence, references in this schedule to—

(a)

the prisoner's “previous sentence” are to be read as references to the “previous confinement term” of the prisoner's sentence,

(b)

the prisoner's “further sentence” are to be read as references to the “further confinement term” of the prisoner's sentence.”, and

(e)

after sub-paragraph (5) insert—

“(6)

In this paragraph “the relevant paragraph” means paragraph 2A, 3, 3A or 4 (whichever applies in the circumstances described).”.