Crime and Punishment (Scotland) Act 1997

Prospective

37 Suspension of period of early release. U.K.

(1) This section applies to a prisoner, other than a prisoner mentioned in subsection (8) below, sentenced to a term of imprisonment (in this section referred to as “the original sentence”) by a court in Scotland and released by virtue of section 34 of this Act if—

(a) following that release and before the expiry of—

(i) any supervised release order made in respect of him; or

(ii) a period representing one sixth of the term of imprisonment to which he was originally sentenced,

whichever is the later, he commits another offence punishable by imprisonment; and

(b) whether before or after that date, he pleads guilty to or is found guilty of that offence (in this section referred to as “the new offence”) in a court in the United Kingdom.

(2) Where the court mentioned in subsection (1)(b) above is in Scotland then, instead of or in addition to making any other order in respect of the plea or finding—

(a) in a case other than that mentioned in paragraph (b) below, and subject to subsection (3) below, it may order the prisoner to be returned to prison for the whole or any part of the period which—

(i) begins with the date of the order for his return; and

(ii) is equal in length to the period between the date of his release and the date on which he would (but for that release) have served his sentence in full;

(b) in a case where that court is inferior—

(i) to the court which imposed the original sentence; or

(ii) where that sentence was imposed by more than one court, to any of those courts,

it shall refer the case to the superior court in question; and a court to which a case is so referred may make such order with respect to the prisoner as is mentioned in paragraph (a) above.

(3) There shall be deducted from the period mentioned in subsection (2)(a) above any period which the prisoner has already spent in prison by reason of—

(a) having been returned to prison on the order of a court for breach of a supervised release order made at the time of his original conviction; or

(b) having been returned to prison by virtue of a sentence passed in respect of an earlier offence committed by him during the period after his release and prior to the date mentioned in subsection (1)(a) above.

(4) Where the court mentioned in subsection (1)(b) above is in England and Wales or Northern Ireland it may, instead of or in addition to making any other order in respect of the plea or finding, refer the case to the court which imposed the original sentence and shall, if it does so, send to that court such particulars of the case as may be relevant.

(5) The court to which a case is referred under subsection (4) above may make such an order as is referred to in subsection (2)(a) above in respect of the prisoner.

(6) The period for which a prisoner to whom this section applies is ordered under subsection (2) or (5) above to be returned to prison—

(a) shall be taken to be a sentence of imprisonment for the purposes of this Act and of any appeal; and

(b) shall, as the court making the order may direct, either be served before and be followed by, or be served concurrently with, any sentence of imprisonment imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).

(7) In exercising its powers under section 118(4) or 189(1) of the 1995 Act (disposal of appeals), the court hearing an appeal against an order under subsection (2) or (5) above may, if it thinks fit, substitute for the period specified in the order a period not exceeding the period between the date on which the person was released and the date on which he would (but for his release) have served his sentence in full.

(8) This section does not apply to a person upon whom detention has been imposed under section 44 (detention of children convicted in summary proceedings) or 208 (detention of children convicted on indictment) of the 1995 Act and, accordingly where any such person has been awarded early release days, he is not thereafter liable to be returned to prison under this section.

Modifications etc. (not altering text)

C1 Ss. 33(5), 34, 37, 39 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 10(2)(a)(6)(7); S.I. 1997/2200, art. 2(1)(g) (with art. 5)

Ss. 33(5), 37 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 10(5)(a)(6)(7), 11(5); S.I. 1997/2200, art. 2(1)(g) (with art. 5)

Ss. 33(5), 34, 37, 39 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 11(2)(a)(6); S.I. 1997/2200, art. 2(1)(g) (with art. 5)

Ss. 33(5), 37 extended (1.10.1997) by 1997 c. 43, s. 41, Sch. 1 Pt. II para. 11(4)(a)(6); S.I. 1997/2200, art. 2(1)(g) (with art. 5)

Ss. 33(5), 34, 37, 39 applied (with modifications) (22.8.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 5-7