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Custodial Sentences and Weapons (Scotland) Act 2007
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This version of this provision is prospective.
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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
Custodial Sentences and Weapons (Scotland) Act 2007, Section 20 is up to date with all changes known to be in force on or before 29 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 20:
- s. 29A inserted by 2010 asp 13 s. 18(6)
- s. 42A inserted by 2010 asp 13 Sch. 3 para. 6
- s. 45(1)(za) (zb) inserted by 2010 asp 13 Sch. 3 para. 7(2)
- s. 46A inserted by 2010 asp 13 s. 18(7)
- s. 47(3A) inserted by 2010 asp 13 s. 18(8)(c)
- s. 47(8)(a) (b) substituted for words by 2010 asp 13 s. 18(8)(e)
- s. 51(1A) inserted by 2010 asp 13 Sch. 3 para. 9(3)
- Sch. 2 para. 1(4) added by 2010 asp 13 Sch. 3 para. 13(3)(c)
- Sch. 2 para. 7(1A) inserted by 2010 asp 13 Sch. 3 para. 13(8)
- Sch. 3 para. 2A inserted by 2010 asp 13 Sch. 3 para. 14(3)
- Sch. 3 para. 3(3) inserted by 2010 asp 13 Sch. 3 para. 14(4)(b)
- Sch. 3 para. 3A inserted by 2010 asp 13 Sch. 3 para. 14(5)
- Sch. 3 para. 5(4A) inserted by 2010 asp 13 Sch. 3 para. 14(6)(d)
- Sch. 3 para. 5(6) inserted by 2010 asp 13 Sch. 3 para. 14(6)(e)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 29A inserted by 2010 asp 13 s. 18(6)
- s. 42A inserted by 2010 asp 13 Sch. 3 para. 6
- s. 45(1)(za) (zb) inserted by 2010 asp 13 Sch. 3 para. 7(2)
- s. 46A inserted by 2010 asp 13 s. 18(7)
- s. 47(3A) inserted by 2010 asp 13 s. 18(8)(c)
- s. 47(8)(a) (b) substituted for words by 2010 asp 13 s. 18(8)(e)
- s. 51(1A) inserted by 2010 asp 13 Sch. 3 para. 9(3)
- Sch. 2 para. 1(4) added by 2010 asp 13 Sch. 3 para. 13(3)(c)
- Sch. 2 para. 7(1A) inserted by 2010 asp 13 Sch. 3 para. 13(8)
- Sch. 3 para. 2A inserted by 2010 asp 13 Sch. 3 para. 14(3)
- Sch. 3 para. 3(3) inserted by 2010 asp 13 Sch. 3 para. 14(4)(b)
- Sch. 3 para. 3A inserted by 2010 asp 13 Sch. 3 para. 14(5)
- Sch. 3 para. 5(4A) inserted by 2010 asp 13 Sch. 3 para. 14(6)(d)
- Sch. 3 para. 5(6) inserted by 2010 asp 13 Sch. 3 para. 14(6)(e)
Prospective
20Setting of punishment partS
This section has no associated Explanatory Notes
(1)This section applies where the court imposes on a person a life sentence.
(2)After imposing the sentence, the court must make an order specifying the punishment part of the sentence.
(3)The punishment part is that part of the person's life sentence which, taking into account—
(a)in the case of a mandatory life sentence, the matters mentioned in subsection (4),
(b)in the case of a discretionary life sentence or an order for lifelong restriction under section 210F of the 1995 Act, the matters mentioned in subsection (5),
the court considers appropriate to satisfy the requirements for retribution and deterrence F1....
(4)Those matters are—
(a)the seriousness of the offence, or of the offence combined with other offences of which the person is convicted on the same indictment as that offence,
(b)any previous conviction of the person, and
(c)where appropriate, the matters mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.
[F2(4A)As respects the punishment part in the case to which subsection (4) relates, the court is to ignore any period of confinement which may be necessary for the protection of the public.]
(5)Those matters are—
(a)any period of imprisonment which the court considers would have been appropriate for the offence had the court not imposed a sentence, or made an order, such as is mentioned in subsection (3)(b) for the offence, F3...
(b)the part of that period of imprisonment which [F4would represent an appropriate period to satisfy the requirements of retribution and deterrence,] [F5and]
[F5(c)where appropriate, the ones mentioned in paragraphs (a) and (b) of section 196(1) of the 1995 Act.]
[F6(5A)But—
(a)in the application of subsection (5)(a), the court is to ignore any period of confinement which may be necessary for the protection of the public,
(b)subsection (5)(b) is subject to section 20A,
(c)subsection (5)(c) is inapplicable until the court has made the assessment required by virtue of subsection (5)(a) and (b).]
(6)An order specifying a punishment part must specify the punishment part in years and months.
(7)It does not matter that a punishment part so specified may exceed the remainder of the person's natural life.
(8)An order specifying a punishment part constitutes part of a person's sentence within the meaning of the 1995 Act for the purposes of any appeal or review.
Textual Amendments
F1Words in s. 20(3) repealed (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(a), 5(2); S.S.I. 2012/249, art. 2
F2S. 20(4A) inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(b), 5(2); S.S.I. 2012/249, art. 2
F3Word in s. 20(5)(a) repealed (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(c)(i), 5(2); S.S.I. 2012/249, art. 2
F4Words in s. 20(5)(b) substituted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(c)(ii), 5(2); S.S.I. 2012/249, art. 2
F5S. 20(5)(c) and word preceding it inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(c)(iii), 5(2); S.S.I. 2012/249, art. 2
F6S. 20(5A) inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(d), 5(2); S.S.I. 2012/249, art. 2
Modifications etc. (not altering text)
C1Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2
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