Part IIE+W+S Sentence

DisqualificationE+W+S

[F135CExtension of disqualification where sentence of imprisonment also imposed: ScotlandE+W+S

(1)This section applies where a person is convicted in Scotland of an offence for which the court—

(a)imposes a sentence of imprisonment, and

(b)orders the person to be disqualified under section 34 or 35.

(2)The order under section 34 or 35 must provide for the person to be disqualified for the appropriate extension period, in addition to the discretionary disqualification period.

(3)The discretionary disqualification period is the period for which, in the absence of this section, the court would have disqualified the person under section 34 or 35.

(4)The appropriate extension period is—

(a)in the case of a life prisoner, a period equal to the punishment part of the life sentence;

[F2(aa)in the case of a person serving a serious terrorism sentence, a period equal to the appropriate custodial term;

(ab)in the case of a person serving an extended sentence that falls within section 1AB(2A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (“the 1993 Act”), a period equal to the custodial term;

(ac)in the case of a person serving an extended sentence in respect of which section 1AB(3) to (5) of the 1993 Act applies to the person, a period equal to two-thirds of the custodial term;]

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in the case of a person serving [F4any other] extended sentence, a period equal to half the [F5custodial] term;

[F6(ca)in the case of a person serving a sentence imposed under section 205ZC of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), a period equal to two-thirds of the appropriate custodial term;

(cb)in the case of a person serving any other sentence of imprisonment in respect of which section 1AB of the 1993 Act applies to the person, a period equal to two-thirds of the sentence;]

(d)in any other case, a period equal to half the sentence of imprisonment imposed.

(5)If a period determined under subsection (4) includes a fraction of a day, that period is to be rounded up to the nearest number of whole days.

(6)For the purposes of subsection (4), a sentence is to be taken to start on the date of commencement of the sentence.

(7)Subsection (8) applies where an amending order provides for [F7a reference in section 1(1) or (3) or 1AB(3)(a) of the 1993 Act to a particular proportion of a prisoner’s sentence to be construed as a reference to some other proportion (“the new proportion”) specified in the order].

(8)The Secretary of State may by order provide that the proportion specified in subsection [F8(4)(ac), (c), (ca), (cb) or (d)] of this section is to be read, in the case of a sentence of imprisonment to which the amending order applies, as a reference to the new proportion.

(9)An order under subsection (8) is to be made by statutory instrument and a draft of the statutory instrument containing the order must be laid before, and approved by a resolution of, each House of Parliament.

(10)In this section—

  • “amending order” means an order made by the Scottish Ministers under [F9section 27(2)(b) of the 1993 Act];

  • [F10“appropriate custodial term”—

    (a)

    in relation to a serious terrorism sentence, means the term imposed under subsection (5)(a) or (as the case may be) (7)(a) of section 205ZA of the 1995 Act;

    (b)

    in relation to a sentence imposed under section 205ZC of the 1995 Act, means the term imposed under subsection (3)(a) or (as the case may be) (4)(a) of that section;]

  • “ [F11custodial] term” has the meaning given by section 210A(2)(a) of the [F121995 Act];

  • F13...

  • F13...

  • “extended sentence” has the meaning given by section 210A of the 1995 Act;

  • “life prisoner” has the meaning given by [F14section 2(1) of the 1993 Act];

  • [F15“punishment part”, in relation to a life sentence, means the punishment part of the sentence as specified in an order mentioned in section 2(2) of the 1993 Act;]

  • “sentence of imprisonment” includes—

    (a)

    an order for detention in residential accommodation under section 44 of the 1995 Act, and

    (b)

    a sentence of detention under section 205, [F16205ZA(7), 205ZC(4),] 207 or 208 of the 1995 Act;]

  • [F17“serious terrorism sentence” means a sentence imposed under section 205ZA of the 1995 Act].

Textual Amendments

Modifications etc. (not altering text)

C1S. 35C excluded by 2003 c. 32, s. 54(3A)(a) (as inserted (1.8.2017 as notified in the London Gazette dated 1.8.2017 (Issue 62012, p. 14601)) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 7 para. 2(4) (with Sch. 7 para. 27); S.I. 2017/189, art. 3)