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Custodial Sentences and Weapons (Scotland) Act 2007

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This is the original version (as it was originally enacted).

Single licence

46Multiple licences to be replaced by single licence

(1)This section applies where a prisoner—

(a)is released on licence by virtue of section 11(2), 13(2)(a), 19(1), 23(2)(a), 27(1) or 42(4)(a) as respects any sentence of imprisonment (the “original sentence”), and

(b)while the licence remains in force, another sentence of imprisonment is imposed on the prisoner (the “subsequent sentence”).

(2)Where—

(a)the prisoner is to be released on licence by virtue of this Part as respects the subsequent sentence, and

(b)the licence as respects the original sentence remains in force,

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

(3)The single licence replaces the licence as respects both the original sentence and the subsequent sentence.

(4)The single licence must include the conditions which were in the licence as respects the original sentence immediately before that licence was replaced.

(5)The single licence remains in force (unless revoked) for the longer of the periods for which the licences as respects—

(a)the original sentence, or

(b)the subsequent sentence,

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

(6)Where—

(a)the prisoner is to be released unconditionally under this Part as respects the subsequent sentence, and

(b)the licence as respects the original sentence remains in force,

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

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