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Custodial Sentences and Weapons (Scotland) Act 2007

Current text a fecha 2009-06-01

Part 1 — The Parole Board for Scotland

Possession of weapons in prisons etc.

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Parole Board rules

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Part 2 — Confinement and release of prisoners

Chapter 1 — Introductory

Application of Part 2

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This Part does not apply in relation to a sentence (other than a life sentence) imposed on a person for an offence committed before the coming into force of the Part.

Basic definitions

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Chapter 2 — Confinement, review and release of prisoners

Custody-only prisoners

Release on completion of sentence

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As soon as a custody-only prisoner has served the term of imprisonment specified in the prisoner's sentence the Scottish Ministers must release the prisoner unconditionally.

Custody and community prisoners

Setting of custody part

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Power to amend section 6(4)

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The Scottish Ministers may by order amend section 6(4)(a) by substituting for the proportion for the time being specified there a different proportion specified in the order.

Provision of information by court

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to prepare a report.

as the court considers appropriate.

Joint arrangements between Scottish Ministers and local authorities

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Review by Scottish Ministers

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Consequences of review

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Review by Parole Board

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Release on community licence following review by Parole Board

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Determination that section 10(2) applicable: consequences

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Prisoner’s right to request early reconsideration by Parole Board

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Referral to Parole Board for the purposes of specifying conditions

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Further referral to Parole Board

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Cases where custody part specified as three-quarters of prisoner’s sentence

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Release after three-quarters of sentence served

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Life prisoners

Setting of punishment part

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the court considers appropriate to satisfy the requirements for retribution and deterrence ....

Referral to Parole Board

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Before the expiry of the punishment part of a prisoner's life sentence, the Scottish Ministers must refer the prisoner's case to the Parole Board.

Review by Parole Board

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Release on life licence following review by Parole Board

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Determination that section 22(3) applicable: consequences

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Further referral to Parole Board

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Referral to Parole Board: postponement

Referral to Parole Board: postponement

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Compassionate release on licence

Compassionate release on licence

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Chapter 3 — Community and life licences

The standard conditions

Release on licence: the standard conditions

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The supervision conditions

Release on licence of certain prisoners: the supervision conditions

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Community licences

Release on community licence on Parole Board’s direction

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Community licences in which Scottish Ministers may specify conditions

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Life licences

Release on life licence: conditions

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Compassionate release on life licence: conditions

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Duration of licence

Period during which licence in force

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Prisoner to comply with licence conditions

Prisoner to comply with licence conditions

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Where a prisoner is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a), the prisoner must, while the licence is in force, comply with the conditions included in the licence.

Suspension

Suspension of licence conditions while detained

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Revocation

Revocation of licence

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the Scottish Ministers must revoke the licence and recall the prisoner to prison.

the Scottish Ministers must revoke the licence.

Compassionate release: additional ground for revocation of licence

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Prisoners unlawfully at large

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Where—

the prisoner is unlawfully at large.

Compassionate release: effect of revocation in certain circumstances

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Referral to Parole Board following revocation of licence

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Consideration by Parole Board

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Determination that section 42(3) applicable: consequences for custody and community prisoners

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Determination that section 42(3) applicable: consequences for life prisoners

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Prisoner’s right to request early reconsideration by Parole Board

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for considering a prisoner's case.

Single licence

Multiple licences to be replaced by single licence

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the prisoner must be released on a single licence as respects both the original sentence and the subsequent sentence.

would (apart from this section and if not revoked) have remained in force.

the licence as respects the original sentence continues in force (unless revoked).

Chapter 4 — Curfew licences

Curfew licences

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Curfew conditions

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Monitoring of curfew conditions

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Chapter 5 — No release on weekends or public holidays

No release on weekends or public holidays

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Chapter 6 — Extended and multiple sentences

Prisoners serving extended sentences: application of Part 2

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Prisoners serving more than one sentence: application of Part 2

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Schedule 2 (which makes provision for the application of this Part to prisoners serving, or liable to serve, more than one sentence of imprisonment) has effect.

Sentences framed to run consecutively

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Schedule 3 (which makes provision for and in connection with the imposition of sentences of imprisonment framed to take effect on the expiry of another sentence) has effect.

Chapter 7 — Application of Part 2 to certain persons

Persons detained under mental health provisions

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Application to young offenders and children

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Fine defaulters and persons in contempt of court

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Chapter 8 — Cross-border transfer of prisoners

Cross-border transfer of prisoners

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Part 3 — Weapons

Licensing of knives, swords etc.

Licensing of knife dealers

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After section 27 of the Civic Government (Scotland) Act 1982 (c. 45) insert—

(27A) (1) A licence, to be known as a “knife dealer's licence”, is required for carrying on business as a dealer in any article mentioned in subsection (2). (2) Those articles are— (a) knives (other than those designed for domestic use); (b) knife blades (other than those designed for domestic use); (c) swords; (d) any other article— (i) which has a blade; or (ii) which is sharply pointed, and which is made or adapted for use for causing injury to the person. (3) A knife dealer's licence shall, in addition to specifying the activity which the dealer engages in, specify the premises in or from which the activity is to be carried on. (4) In subsections (1) and (3), “dealer” means a person carrying on a business which consists wholly or partly of— (a) selling; (b) hiring; (c) offering for sale or hire; (d) exposing for sale or hire; (e) lending; or (f) giving, to persons not acting in the course of a business or profession any article mentioned in subsection (2) (whether or not the activities mentioned in paragraphs (a) to (f) are carried out incidentally to a business which would not, apart from this section, require a knife dealer's licence). (5) In subsection (4), “selling”, in relation to an article mentioned in subsection (2)— (a) includes— (i) selling such an article by auction; (ii) accepting goods or services in payment (whether in part or in full) for such an article; but (b) does not include selling (by auction or otherwise) such an article by one person on behalf of another; and “sale” is to be construed accordingly. (6) For the purposes of subsection (4), an article is not to be treated as being exposed for sale if it is exposed for sale (by auction or otherwise) by a person other than the owner. (7) The Scottish Ministers may by order modify subsection (2) so as to— (a) add articles or classes of article; (b) amend descriptions of articles or classes of article; (c) remove articles or classes of article. (8) The Scottish Ministers may by order— (a) modify subsection (4) so as to modify the definition of “dealer”; (b) specify descriptions of activity which are not to be taken to be businesses for the purposes of that subsection (or that subsection as modified). (9) The power in subsection (8)(a) includes in particular power to add descriptions of business. (27B) (1) A licensing authority must cause public notice to be given of every application made to them for the grant or renewal of a knife dealer's licence. (2) Sub-paragraph (8) of paragraph 2 of Schedule 1 applies to the giving of public notice under subsection (1) as it applies to the giving of public notice under sub-paragraph (7) of that paragraph. (27C) (1) In granting or renewing a knife dealer's licence, a licensing authority— (a) must attach to the licence such conditions as are specified (in particular or in general) by order by the Scottish Ministers; (b) may, without prejudice to paragraph 5 of Schedule 1, attach to the licence different conditions in relation to different articles or different classes of article; (c) may, without prejudice to that paragraph, attach to the licence conditions for or in connection with— (i) the keeping of records by the holder of the licence; (ii) the storage of articles mentioned in section 27A(2); and (iii) the display of such articles. (2) An order under subsection (1)(a) may provide for different conditions to apply to different articles or different classes of article. (27D) (1) Subsection (2) applies where the holder of a knife dealer's licence (“the dealer”)— (a) is required by the licence to obtain information of a type specified in the licence from a person; and (b) the dealer requests (whether orally, in writing or otherwise) the information from the person. (2) A person, or any person acting on behalf of the person, who knowingly or recklessly provides false information in response to a request under subsection (1)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (27E) (1) Subsection (2) applies if a justice of the peace or sheriff is satisfied by evidence on oath that— (a) subsection (3) applies; and (b) subsection (4) or (5) applies. (2) The justice of the peace or sheriff may grant a warrant authorising a constable or an authorised officer— (a) to enter and search the premises specified in the warrant; and (b) to seize and remove any relevant article. (3) This subsection applies if there are reasonable grounds for suspecting that a person (the “suspect”) is carrying on in any premises an activity in respect of which a knife dealer's licence is required under section 27A. (4) This subsection applies if no knife dealer's licence is in force in respect of the activity. (5) This subsection applies if a knife dealer's licence is in force in respect of the activity but there are reasonable grounds for suspecting that the suspect has failed, or is failing, to comply with a condition of the licence. (27F) (1) A constable or an authorised officer may use reasonable force in executing a warrant granted under section 27E(2). (2) Where a constable who is not in uniform is about to enter, is entering or has entered any premises under the powers conferred under section 27E(2) he must, if required to do so by a person in or upon the premises, produce his identification. (3) Where an authorised officer is about to enter, is entering or has entered any premises under the powers conferred under section 27E(2) he must, if required to do so by a person in or upon the premises, produce his authorisation. (4) If a constable has been required to produce his identification under subsection (2) he is not entitled to enter or search the premises or, as the case may be, remain there or continue to search the premises until he has produced it. (5) If an authorised officer has been required to produce his authority under subsection (3), he is not entitled to enter or search the premises or, as the case may be, remain there or continue to search the premises until he has produced it. (6) Any person who— (a) fails without reasonable excuse to permit a constable, or an authorised officer, acting in pursuance of a warrant granted under section 27E(2) to enter and search any premises; or (b) obstructs the entry to, or search of, any premises by a constable or an authorised officer so acting, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (7) Any relevant article which has been seized and removed under a warrant granted under section 27E(2) may be retained until the conclusion of proceedings against the suspect. (8) For the purposes of subsection (7), proceedings in relation to a suspect are concluded if— (a) he is found guilty and sentenced or otherwise dealt with for the offence; (b) he is acquitted; (c) proceedings for the offence are discontinued; (d) it is decided not to prosecute him. (9) In this section, “suspect” is to be construed in accordance with section 27E(3). (27G) (1) Subsection (2) applies where— (a) a constable or an authorised officer has reasonable grounds for suspecting that an activity in respect of which a knife dealer's licence is required under section 27A is being carried on; and (b) no such licence is in force in respect of the activity. (2) The constable or authorised officer may— (a) require a relevant person to produce any records or other documents connected with the activity, (b) inspect any such records or documents, and (c) take copies of, or extracts from, any such records or documents. (3) A relevant person who— (a) is required under subsection (2) to produce records or documents; and (b) fails without reasonable excuse to do so, is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale. (4) Before exercising the power conferred by subsection (2)— (a) a constable who is not in uniform must produce his identification to the relevant person; (b) an authorised officer must produce his authorisation to the relevant person. (5) For the purposes of this section, a person is “relevant” if the constable or authorised officer has reasonable grounds for believing that the person has access to the records or documents. (27H) (1) In sections 27E and 27F— - “premises” includes a vehicle or vessel; - “relevant article” means an article mentioned in any of paragraphs (a) to (d) of subsection (2) of section 27A. (2) In sections 27E to 27G, “authorised officer” means an officer of a licensing authority authorised by the authority for the purposes of section 27E, 27F or, as the case may be, 27G. (27J) (1) Subsection (2) applies where a person (“the offender”) is convicted of an offence under subsection (A1) or (2) of section 7 in relation to a relevant article— (a) seized by virtue of a warrant granted under section 27E(2); or (b) in the offender's possession or control at the relevant time. (2) The court by which the offender is convicted may make an order for forfeiture (a “forfeiture order”) in respect of the relevant article. (3) The court may make a forfeiture order— (a) whether or not it also deals with the offender in respect of the offence in any other way; and (b) without regard to any restrictions on forfeiture in any enactment. (4) In considering whether to make a forfeiture order, the court must have regard to— (a) the value of the relevant article; and (b) the likely financial and other effects on the offender of the making of the order (taken together with any other order that the court contemplates making). (5) In this section— - “relevant article” means an article mentioned in any of paragraphs (a) to (d) of subsection (2) of section 27A; - “relevant time” means— 1. the time of the offender's arrest for the offence; or 2. the time of his being cited as an accused in respect of the offence. (27K) (1) A forfeiture order under section 27J(2) operates to deprive the offender of any rights he has in the property to which it relates. (2) The property to which a forfeiture order relates must be taken into the possession of the police. (3) The court by which the offender is convicted may, on the application of a person who— (a) claims property to which a forfeiture order relates; but (b) is not the offender from whom it was forfeited, make an order (a “recovery order”) for delivery of the property to the applicant if it appears to the court that he owns it. (4) An application under subsection (3) must be made— (a) in such manner as may be prescribed by Act of Adjournal; and (b) before the end of the period of 6 months beginning with the date on which the forfeiture order was made. (5) An application may be granted only if the applicant satisfies the court that— (a) he had not consented to the offender's having possession of the property; or (b) he did not know, and had no reason to suspect, that the offence was likely to be committed. (6) If a person has a right to recover property which, by virtue of a recovery order, is in the possession of another, that right— (a) is not affected by the making of the recovery order at any time before the end of the period of 6 months beginning with the day on which the order is made; (b) is lost at the end of that period. (7) The Scottish Ministers may by order make provision for or in connection with the disposal of property forfeited under a forfeiture order in cases where— (a) no application under subsection (3) has been made before the end of the 6 month period beginning with the day on which the forfeiture order was made; or (b) no such application has succeeded. (8) An order under subsection (7) may in particular make provision for— (a) dealing with any proceeds from the disposal; (b) investing money; and (c) auditing accounts. (27L) Where an offence committed by a partnership under— (a) section 5 (in so far as the offence relates to a knife dealer's licence); (b) section 7 (in so far as the offence so relates); (c) section 27D; (d) section 27F; or (e) section 27G, is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly. (27M) Where a person carries on a business which— (a) by virtue of section 24 requires a second-hand dealer's licence; and (b) by virtue of section 27A requires a knife dealer's licence, the person requires the appropriate licence in respect of each activity. (27N) (1) This section applies where, in connection with the sale of an article mentioned in section 27A(2)— (a) the premises (the “relevant premises”) from which the article is dispatched in pursuance of the sale are not the same as those where the order for the article is taken (the “sale premises”), (b) the relevant premises are in Scotland, and (c) the sale premises are not in Scotland. (2) For the purposes of this Act the sale of the article is to be treated as taking place on the relevant premises. (27P) (1) Subsection (2) applies where, in connection with the sale of an article mentioned in section 27A(2)— (a) the relevant premises are situated in the area of a local authority, and (b) the sale premises are situated in the area of another local authority which, by virtue of section 2(2), is the licensing authority in respect of the taking of the order for the article. (2) For the purposes of this Act, the sale of the article is to be treated as taking place— (a) on the relevant premises, and (b) on the sale premises. (3) In this section, “relevant premises” and “sale premises” have the same meanings as in section 27N. (27Q) (1) Subsection (2) applies where an application is made to a licensing authority for the grant or renewal of a second-hand dealer's licence by the holder of a knife dealer's licence issued by that authority. (2) In granting the application, the licensing authority must not impose any condition which conflicts, or is inconsistent, with a condition of the knife dealer's licence. (3) Subsection (4) applies where an application is made to a licensing authority for the grant or renewal of a knife dealer's licence by the holder of a second-hand dealer's licence issued by that authority. (4) In granting the application, the licensing authority must, in accordance with paragraph 10 of Schedule 1, vary the terms and conditions of the second-hand dealer's licence to avoid any conflict or inconsistency with the terms or conditions of the knife-dealer's licence. (27R) The Scottish Ministers may by order provide that an offence under— (a) section 5 (in so far as the offence relates to a knife dealer's licence); (b) section 7 (in so far as the offence so relates); (c) section 27D; (d) section 27F; or (e) section 27G, is subject to such exceptions as may be specified in the order. (27S) (1) Any power conferred by section 27A(7), 27A(8), 27C(1)(a), 27K(7) or 27R to make orders is exercisable by statutory instrument. (2) Subject to subsection (3), a statutory instrument containing an order under any of those sections is subject to annulment in pursuance of a resolution of the Scottish Parliament. (3) A statutory instrument containing an order under section 27R may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

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Knife dealers' licences: further provision

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(A1) Any person who without reasonable excuse does anything for which a licence is required under section 27A without having such a licence is guilty of an offence and liable— (a) on summary conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both; (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both.

,

(aa) in a case where the licence is a knife dealer's licence, to a fine not exceeding level 5 on the standard scale; and

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(a) in a case where the application is for a knife dealer's licence, to a fine not exceeding level 5 on the standard scale; and (b) in any other case,

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Sale etc. of weapons

Sale etc. of weapons

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(11A) Subject to subsection (11C), where a person is charged with an offence under subsection (1) above in respect of conduct of his relating to a weapon to which this section applies, it shall be a defence to show that his conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B). (11B) Those purposes are— (a) the purposes of theatrical performances and of rehearsals for such performances; (b) the production of films (as defined in section 5B of the Copyright, Designs and Patents Act 1988 (c. 48)); (c) the production of television programmes (as defined in section 405(1) of the Communications Act 2003 (c. 21)). (11C) Where— (a) a person is charged with an offence under subsection (1) above in respect of conduct of his relating to a weapon to which this section applies (a “relevant weapon”), and (b) the relevant weapon is one the importation of which is prohibited, subsection (11A) does not apply unless the condition in subsection (11D) is satisfied. (11D) The condition is that there is in force as respects Scotland provision to the effect that it is a defence for a person (“A”) charged with a relevant offence in respect of A's conduct relating to a relevant weapon to show that A's conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B). (11E) In subsection (11D), “relevant offence” means an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 (c. 2) (penalty for improper importation of goods). (11F) For the purposes of this section, a person shall be taken to have shown a matter specified in subsection (5), (8), (9) or (11A) above if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it; and (b) the contrary is not proved beyond a reasonable doubt. (11G) The Scottish Ministers may by order made by statutory instrument modify the application of this section in relation to any description of weapon specified in the order. (11H) An order under subsection (11G) may make different provision for different purposes. (11J) A statutory instrument containing an order under this section shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Scottish Parliament.

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Swords

Sale etc. of swords

61

(141ZA) (1) This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords. (2) The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords. (3) The Scottish Ministers may in particular— (a) provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences; (b) increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable— (i) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both; (ii) on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both; (c) create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order. (4) In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with— (a) the granting, and revocation, by them of authorisations in relation to the acquisition of swords; (b) enabling them to specify conditions in such authorisations; (c) requiring persons to whom authorisations are granted to comply with such conditions; (d) making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions. (5) Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order. (6) The penalty is— (a) imprisonment for a term not exceeding 12 months; or (b) a fine not exceeding level 5 on the standard scale, or both. (7) The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).

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Crossbows

Sale etc. of crossbows

62

Possession of weapons in prisons etc.

Possession of weapons in prisons etc.

63

After section 49B of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39), insert—

(49C) (1) Any person who has with him in a prison— (a) an offensive weapon, or (b) any other article which has a blade or is sharply pointed, commits an offence. (2) It is a defence for a person charged with an offence under subsection (1) to prove that he had good reason or lawful authority for having the weapon or other article with him in the prison. (3) A defence under subsection (2) includes, in particular, a defence that the person had the weapon or other article with him in prison— (a) for use at work, (b) for religious reasons, or (c) as part of any national costume. (4) Where a person is convicted of an offence under subsection (1), the court may make an order for the forfeiture of any weapon or other article to which the offence relates. (5) Any weapon or other article forfeited under subsection (4) is, subject to section 193 of the Criminal Procedure (Scotland) Act 1995 (c. 46), to be disposed of as the court may direct. (6) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both, (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years or a fine or both. (7) In this section— - “offensive weapon” has the meaning given by section 47(4), - “prison” includes— 1. any prison other than a naval, military or air force prison, 2. a remand centre (within the meaning of paragraph (a) of subsection (1) of section 19 of the Prisons (Scotland) Act 1989 (c. 45) (provision of remand centres and young offenders institutions), 3. a young offenders institution (within the meaning of paragraph (b) of that subsection), and 4. secure accommodation within the meaning of section 93(1) of the Children (Scotland) Act 1995 (c. 36).

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Part 4 — General

Ancillary provision

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Rules, regulations and orders

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may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament.

Minor and consequential amendments and repeals

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Short title and commencement

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SCHEDULE 1

Membership

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Tenure of appointments

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Carrying out of functions

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Removal of members

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Remuneration, allowances and other expenses

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Reporting and planning

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SCHEDULE 2

Multiple custody-only sentences

1

Multiple custody and community sentences

2

Combinations of custody-only and custody and community sentences

3

Multiple life sentences

4

Combinations of life sentences and other sentences

5

Single licence for released prisoner serving multiple sentences

6

Special case: extended sentences

7

SCHEDULE 3

Power to impose sentence to take effect on expiry of other sentence

1

Postponement of sentencing where previous punishment part or custody part not specified

2

in respect of the previous sentence.

Effect of sentences framed to take effect consecutively

3
4

Effect of sentences framed to take effect consecutively on extension periods

5

Application of schedule where previous sentence imposed by court outwith Scotland

6

The Scottish Ministers may by order make provision for or in connection with the application of this schedule (subject to modifications specified in the order) where a previous sentence is passed by a court in any part of the United Kingdom outwith Scotland.

SCHEDULE 4

Criminal Procedure (Scotland) Act 1995 (c. 46)

1

(7D) The periods are— (a) any previous custody-only sentence, (b) the custody part of any previous custody and community sentence, (c) any previous sentence for a term passed by a court in any part of the United Kingdom outwith Scotland, following on conviction or any previous order for committal in default of payment of any sum of money or for contempt of court. (7E) In subsection (7D) above, “custody and community sentence”, “custody-only sentence” and “custody part” have the meanings given by section 4(1) of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17).

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2

In section 204A of the 1995 Act (restriction on consecutive sentences for released prisoners), for the words from “at” to the end of the section substitute “ on licence by virtue of Part 2 of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17). ”.

3

“community licence” has the same meaning as in Part 2 of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17); “relevant officer”, in relation to a local authority, means an officer of that authority employed by them in the discharge of their functions under section 27(1) of the Social Work (Scotland) Act 1968 (supervision and care of persons put on probation or released from prison etc.);

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Criminal Justice (Scotland) Act 2003 (asp 7)

4

(a) section 30 of the Custodial Sentences and Weapons (Scotland) Act 2007 (community licences: Scottish Ministers to include only licence conditions specified by Parole Board), or (b) section 32(2) of that Act (life licences: Scottish Ministers to include only licence conditions specified by Parole Board).

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Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

5

SCHEDULE 5

SCHEDULE 6

1

Until the coming into force of the repeal by this Act of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9), that Part has effect in accordance with paragraphs 2 to 4.

2

In section 1 (release of short-term and long-term prisoners), subsection (3) has effect as if for paragraphs (a) and (b) there were substituted “ must, ”

3

Section 9 (persons liable to removal from the United Kingdom) has effect as if—

The Parole Board for Scotland

Licensing of knife dealers

Knife dealers' licences: further provision

Sale etc. of weapons

Sale etc. of swords

Sale etc. of crossbows

Ancillary provision

Membership

Tenure of appointments

Carrying out of functions

Removal of members

Remuneration, allowances and other expenses

Reporting and planning

Multiple custody-only sentences

Multiple custody and community sentences

Combinations of custody-only and custody and community sentences

Multiple life sentences

Combinations of life sentences and other sentences

Single licence for released prisoner serving multiple sentences

Special case: extended sentences

Power to impose sentence to take effect on expiry of other sentence

Postponement of sentencing where previous punishment part or custody part not specified

Effect of sentences framed to take effect consecutively

Effect of sentences framed to take effect consecutively on extension periods

Application of schedule where previous sentence imposed by court outwith Scotland

Criminal Procedure (Scotland) Act 1995 (c. 46)

Criminal Justice (Scotland) Act 2003 (asp 7)

Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10)

4

That Part has effect as if after section 9 there were inserted—

(9A) (1) For the purposes of this Part, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Scottish Ministers, that the condition in subsection (2) is met. (2) The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 9B. (3) The person must not be one who is liable to removal from the United Kingdom. (9B) (1) Subject to subsection (2), where a short-term prisoner is liable to, or eligible for, removal from the United Kingdom, the Scottish Ministers may remove the prisoner from prison under this section at any time during the period of 180 days ending with the day on which the prisoner will have served one-half of the prisoner's sentence. (2) Subsection (1) does not apply in relation to a prisoner unless the prisoner has served one-quarter of the sentence. (3) A prisoner removed from prison under this section— (a) if liable to removal from the United Kingdom, is so removed only for the purpose of enabling the Secretary of State to remove the prisoner from the United Kingdom under powers conferred by— (i) Schedule 2 or 3 to the Immigration Act 1971 (c.77), or (ii) section 10 of the Immigration and Asylum Act 1999 (c.33), (b) if eligible for removal from the United Kingdom, is so removed only for the purpose of enabling the prisoner to leave the United Kingdom in order to reside permanently outside the United Kingdom, and (c) in either case, so long as remaining in the United Kingdom, remains liable to be detained in pursuance of the prisoner's sentence until the prisoner has served one-half of the sentence. (4) So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Scottish Ministers under section 1(1), 1AA or 3 is exercisable in relation to the prisoner as if the prisoner were in prison. (5) The Scottish Ministers may by order amend the number of days for the time being specified in subsection (1). (6) A statutory instrument containing an order under subsection (5) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the Scottish Parliament. (9C) (1) This section applies in relation to a person (referred to in this section as “ the removed person ”) who, after being removed from prison under section 9B, has been removed from the United Kingdom before serving one-half of the sentence. (2) Where the removed person re-enters the United Kingdom at any time before the date on which the person would have served the person's sentence in full (but for the person's removal from prison under section 9B), the person is liable to be detained in pursuance of the person's sentence until the earlier of the following— (a) the date of the expiry of the outstanding custodial period, (b) the date on which the person would have served the person's sentence in full (but for the person's removal from prison under section 9B). (3) In the case of a person liable to be detained under subsection (2), the duty to release the person under section 1(1) or 1AA(1) applies only after the expiry of the outstanding custodial period. (4) A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken for the purposes of section 40 of the Prisons (Scotland) Act 1989 (c.45) (persons unlawfully at large) to be unlawfully at large. (5) Subsection (2) does not prevent— (a) the further removal from prison under section 9B(1) of a person falling within that subsection, or (b) the further removal from the United Kingdom of such a person. (6) In this section, the “ outstanding custodial period ” means, in relation to a removed person, a period of time equal to the period beginning with the date of removal from the United Kingdom and ending with the date on which the person would, but for the removal, have served one-half of the sentence.

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5

Until the coming into force of the repeal by this Act of Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9), paragraph (c) of section 24 of the International Criminal Court (Scotland) Act 2001 (asp 13) (limited disapplication of certain provisions relating to sentences) has effect as if—

Editorial notes

[^c21049091]: S. 58 wholly in force at. 1.6.2010; s. 58 not in force at Royal Assent see s. 67(2); s. 58 in force at 1.11.2007 for specified purposes by S.S.I. 2007/431, art. 3, Sch.; s. 58 in force at 1.6.2009 for specified purposes, at 1.9.2009 for further specified purposes, and at 1.6.2010 so far as not already in force by S.S.I. 2009/197, art. 2, Sch.

[^c21049461]: S. 59 wholly in force at 1.6.2010; s. 59 not in force at Royal Assent see s. 67(2); s. 59(1)(3)(d) in force at 1.9.2009 and s. 59 in force so far as not already in force at 1.6.2010 by S.S.I. 2009/197, art. 2, Sch.

[^c21049101]: S. 60 partly in force; s. 60 not in force at Royal Assent see s. 67(2); s. 60(1)(a) fully in force and s. 60(1)(b) in force for specified purposes at 1.11.2007 by S.S.I. 2007/431, art. 3, Sch.

[^c21049431]: S. 66 partly in force; s. 66 not in force at Royal Assent see s. 67(2); s. 66(2) in force at 1.11.2007 for specified purposes by S.S.I. 2007/431, art. 3, Sch.

[^c21049071]: S. 67(2) power partly exercised: different dates appointed for specified provisions and purposes by S.S.I. 2007/431, art. 3

[^c21049441]: Sch. 5 partly in force; Sch. 5 not in force at Royal Assent see s. 67(2); Sch. 5 in force at 1.11.2007 for specified purposes by S.S.I. 2007/431, art. 3, Sch.

[^key-0379800ecd70b5af7761dc6bac34b985]: Pt. 2 power to modify conferred (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 2

[^key-ff699e6c04af50296cc6a933b62d3e6b]: S. 20(4A) inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(b), 5(2); S.S.I. 2012/249, art. 2

[^key-d8ff5b7c21cb5a09f9eb98ace018259c]: S. 20(5A) inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(d), 5(2); S.S.I. 2012/249, art. 2

[^key-c8273db0b4b6e588d1ec64716f7233a0]: Words in s. 20(3) repealed (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(a), 5(2); S.S.I. 2012/249, art. 2

[^key-173d7e7aec3cfb7f2b35d609037d5ad1]: Word in s. 20(5)(a) repealed (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(c)(i), 5(2); S.S.I. 2012/249, art. 2

[^key-9553215e432ae88ee78f7f23c4906785]: Words in s. 20(5)(b) substituted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(c)(ii), 5(2); S.S.I. 2012/249, art. 2

[^key-cab6007b40a5651c203f4194fb6671d6]: S. 20(5)(c) and word preceding it inserted (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 1(5)(c)(iii), 5(2); S.S.I. 2012/249, art. 2

[^key-8abd3505c052b2d295857fc2774124bc]: Sch. 6 substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, Sch.

[^key-367c0ef9b512eea82874b6a3f1fe65c7]: Sch. 1 repealed (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 47(2), 63(2); S.S.I. 2020/283, reg. 2(l)

[^key-e1d45827775269153f93a3b41be3d3a7]: Pt. 1 repealed (1.10.2020) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 47(2), 63(2); S.S.I. 2020/283, reg. 2(l)

[^key-7de0bf824256a324f2c7b2d81010e186]: S. 49 repealed (17.5.2022) by Management of Offenders (Scotland) Act 2019 (asp 14), s. 63(2), sch. 1 para. 10(2); S.S.I. 2022/94, reg. 2(2)(l) (with reg. 1(2))