Prisoners and Criminal Proceedings (Scotland) Act 1993

[F112BCertain licences to be replaced by oneS

(1)Subsection (2) below applies where a prisoner—

(a)has been released on licence under this Part of this Act or under the 1989 Act as respects any sentence of imprisonment (“the original sentence”); and

(b)while so released, receives another sentence of imprisonment (whether for life or for a term) (“the subsequent sentence”),

and the licence as respects the original sentence has not been revoked.

(2)Where—

(a)this subsection applies; and

(b)the prisoner is to be released on licence under this Part of this Act as respects the subsequent sentence,

he shall instead be released on a single licence under this Part of this Act as respects both the original sentence and the subsequent sentence.

(3)The single licence—

(a)shall have effect in place of—

(i)the licence as respects the original sentence; and

(ii)any licence on which the prisoner would, apart from this section, be released as respects the subsequent sentence;

(b)shall be subject to such conditions as were in the licence as respects the original sentence immediately before that licence was replaced by the single licence; and

(c)shall (unless revoked) remain in force for so long as any licence as respects the original sentence or as respects the subsequent sentence would, apart from this section (and if not revoked), have remained in force.

[F2(4)References in this section to release on licence do not include release on licence under section 3AA of this Act.]]

Textual Amendments

F2S. 12B(4) inserted (3.7.2006 for specified purposes, otherwise 21.3.2008) by Management of Offenders etc. (Scotland) Act 2005 (asp 14), ss. 15(11), 24(2); S.S.I. 2006/331, art 3(4)(5); S.S.I. 2008/21, art. 2(2)