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Criminal Justice (Scotland) Act 2016

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Criminal Justice (Scotland) Act 2016, Section 86 is up to date with all changes known to be in force on or before 10 November 2024. 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. Help about Changes to Legislation

Prospective

86Sentencing under the 1993 ActS

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(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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