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Criminal Justice (Scotland) Act 2003

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This is the original version (as it was originally enacted).

32Release etc. under 1993 Act of prisoner serving consecutive or concurrent offence and non-offence terms

This section has no associated Explanatory Notes

(1)The 1993 Act is amended as follows.

(2)In section 27 (interpretation of Part I), after subsection (4) there is inserted—

“(4A)For the purposes of this Part of this Act, a term of imprisonment or detention—

(a)is wholly concurrent with another such term (or other such terms) if—

(i)it is imposed on the same date as that other term (or terms); and

(ii)it expires on the same date as that other term (or terms); and

(b)is partly concurrent with another such term (or other such terms) if—

(i)it is imposed on the same date as, and expires on a different date from, that other term (or terms); or

(ii)it is imposed on a different date from, but before the expiry of, that other term (or terms).”.

(3)In Schedule 1 (which makes special provision as respects eligibility for early release from consecutive or wholly or partly concurrent offence and non-offence terms of imprisonment or detention)—

(a)for paragraph 2 (consecutive terms) there is substituted—

“2(1)Where his offence term and his non-offence term are consecutive, whichever term follows the other shall be taken as beginning on the day after he is released as respects the other term.

(2)For the purposes of sub-paragraph (1) above, where his offence term and his non-offence term are imposed on the same date, his non-offence term shall be taken to follow his offence term.

Concurrent terms of imprisonment

2AWhere his offence term and his non-offence term are wholly or partly concurrent, section 1(1) to (3) of this Act (so far as relevant to the term in question and whether or not modified by section 5(2) of this Act or as read with section 220 of the 1995 Act (reduction of term in certain circumstances)) shall apply separately to each term (that is to say, in particular, he may be released as respects one of the terms even if he is not for the time being eligible for release as respects the other term).”; and

(b)paragraphs 3 (wholly concurrent terms) and 4 (partly concurrent terms) are repealed.

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