SCHEDULE 3SHORT-TERM CUSTODY AND COMMUNITY SENTENCES: CONSEQUENTIAL AMENDMENTS
Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17)
13
1
Schedule 2 (prisoners serving more than one sentence) is amended as follows.
2
Before paragraph 1, in the italic heading, for “custody-only” substitute “
short-term custody and community
”
.
3
In paragraph 1—
a
in sub-paragraph (1)(a), for “custody-only” substitute “
short-term custody and community
”
,
b
in sub-paragraph (3)—
i
for “and 34(1)” substitute “
, 34(1) and 42A
”
, and
ii
for “custody-only” in both places where it occurs substitute “
short-term custody and community
”
, and
c
after sub-paragraph (3) add—
4
In section 47(3A)—
a
references to the expiry of one-half of the prisoner's sentence are to be read as references to the expiry of one-half of the short-term custody and community sentence that expires after the expiry of one-half of the other short-term custody and community sentence (or sentences),
b
in paragraph (a)(i), the reference to the expiry of the prisoner's sentence is to be read as a reference to the longer (or longest) of the sentences imposed on the prisoner.
4
Before paragraph 3, in the italic heading, for “custody-only” substitute “
short-term custody and community
”
.
5
In paragraph 3—
a
in sub-paragraph (1)(a), for “custody-only” substitute “
short-term custody and community
”
,
b
in sub-paragraph (3), for “and 34(1)” substitute “
, 34(1), 42A and subsections (3A) and (8)(a) of section 47
”
,
c
in sub-paragraph (4)—
i
for “the custody-only” substitute “
one-half of the short-term custody and community
”
, and
ii
in paragraph (a), for “any other custody-only” substitute “
one-half of any other short-term custody and community
”
, and
d
in sub-paragraph (5)(b)(ii) and (6)(b), for “the custody-only” substitute “
at least one-half of the short-term custody and community
”
.
6
In paragraph 5—
a
in sub-paragraph (1), in both paragraphs (a) and (b), for “custody-only” substitute “
short-term custody and community
”
,
b
in sub-paragraph (3)—
i
after “19” insert “
, 29A, 29B
”
, and
ii
after “(2)” insert “
, 42A
”
, and
c
in sub-paragraph (4)—
i
for “the custody-only” substitute “
one-half of the short-term custody and community
”
, and
ii
in paragraph (a), for “any other custody-only” substitute “
one-half of any other short-term custody and community
”
.
7
In paragraph 6, in sub-paragraph (1)(b), after “section” insert “
5,
”
.
8
In paragraph 7, after sub-paragraph (1) insert—
1A
Where a short-term custody and community sentence imposed on a prisoner is an extended sentence, the modifications in paragraphs 1(3) and (4) and 3(4), (5)(b)(ii), (6) and (8A) are to be read subject to sub-paragraph (2).