Criminal Procedure (Scotland) Act 1975

268 Reckoning of time spent pending appeal. S

[F1 (1) Subject to subsection (2) below, where [F2 a convicted person]is admitted to bail under section 238 of this Act the period beginning with the date of his admission to bail and ending on the date of his readmission to prison in consequence of the determination or abandonment of his appeal [F3 , or as the case may be of any [F4 relevant appeal by the Lord Advocate under section 228A of this Act],]shall not be reckoned as part of any term of imprisonment under [F2 that] sentence.]

[F5 (2) The time (including any period consequent on the recall of bail) during which a convicted person is in custody pending the determination of his appeal, or as the case may be of any [F4 relevant appeal by the Lord Advocate under section 228A of this Act]], shall subject to any direction which the High Court may give to the contrary be reckoned as part of any term of imprisonment under that sentence.

[F6 (3) Subject to any direction which the High Court may give to the contrary, imprisonment of an appellant [F7 (or, where the appellant is the Lord Advocate, of a convicted person)]—

(a) who is in custody in consequence of the conviction or sentence appealed against shall be deemed to run as from the date on which the sentence was passed;

(b) who is in custody other than in consequence of such conviction or sentence shall be deemed to run or to be resumed as from the date on which his appeal was determined or abandoned;

(c) who is not in custody shall be deemed to run or to be resumed as from the date on which he is received into prison under the sentence.]

(4) In this section references to a prison and imprisonment shall include respectively references to a [F8 young offenders institution], detention centre or place of safety and to detention in such institution, centre or place of safety, and any reference to a sentence shall be construed as a reference to a sentence passed by the court imposing sentence or by the High Court on appeal as the case may require.

Textual Amendments

F1 S. 268(1) substituted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF, 39:1), ss. 47(4)(a), 70(1), Sch. 1 para. 14(1)

F2 Words in s. 268(1) substituted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(23)(a)(i)(iii) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(4), 10(b)

F3 Words in s. 268(1) inserted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(23)(a)(ii) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(4), 10(b)

F4 Words in s. 268(1)(2) substituted (27.7.1993) by 1993 c. 36, s. 79(13), Sch. 5 Pt. I para. 2(8)

F5 S. 268(2) substituted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(23)(b) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(4), 10(b)

F6 S. 268(3) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 70(1), Sch. 1 para. 14(3)

F7 Words in s. 268(3) inserted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(23)(c) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(4), 10(b)

F8 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 7 para. 46 and S.I. 1983/1580, art. 3