2019 No. 236
The Presumption Against Short Periods of Imprisonment (Scotland) Order 2019
Made
Coming into force in accordance with article 1(2) and (3)
The Scottish Ministers make the following Order in exercise of the powers conferred by section 204(3C) of the Criminal Procedure (Scotland) Act 19951, section 204(1) of the Criminal Justice and Licensing (Scotland) Act 20102 and all other powers enabling them to do so.
In accordance with section 204(3D) of the Criminal Procedure (Scotland) Act 1995 and section 201(4) of the Criminal Justice and Licensing (Scotland) Act 2010, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
This Order may be cited as the Presumption Against Short Periods of Imprisonment (Scotland) Order 2019.
2
Subject to paragraph (3), this Order comes into force on the day after the Order is made.
3
Article 2 of this Order comes into force on the second day after the Order is made.
4
In this Order, “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995.
Variation of the presumption against short periods of imprisonment2
In section 204(3A) of the 1995 Act, for “3”, substitute “12”.
Supplementary provision3
In section 204 of the 1995 Act, after subsection (3D), insert—
3E
A modification of the number of months specified in subsection (3A), by an order made under subsection (3C), applies only to offences committed on or after the date on which the modification comes into force.
(This note is not part of the Order)