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This is the original version (as it was originally enacted).

14Determination that section 10(2) applicable: consequences
This section has no associated Explanatory Notes

(1)This section applies where the Parole Board determines under section 12(2) or 17(3) that section 10(2) applies in respect of a prisoner.

(2)The Parole Board must give the prisoner reasons in writing for its determination.

(3)If on the day of the determination less than 4 months of the prisoner’s sentence remain to be served before the three-quarter point—

(a)the prisoner must be confined until the three-quarter point, and

(b)the Parole Board must specify conditions to be included in the prisoner’s community licence.

(4)If on the day of the determination at least 4 months but no more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board may fix a date falling within the period mentioned in subsection (5) on which it will next consider the prisoner’s case.

(5)That period is the period—

(a)beginning with the day falling 4 months after the day of the determination, and

(b)ending with the three-quarter point.

(6)If no date is fixed under subsection (4)—

(a)the prisoner must be confined until the three-quarter point, and

(b)the Parole Board must fix a date falling within the period mentioned in subsection (5) on which it must specify conditions to be included in the prisoner’s community licence.

(7)If on the day of the determination more than 2 years of the prisoner’s sentence remain to be served before the three-quarter point, the Parole Board must fix a date falling within the period mentioned in subsection (8) on which it will next consider the prisoner’s case.

(8)That period is the period—

(a)beginning with the day falling 4 months after the day of the determination, and

(b)ending immediately before the second anniversary of the day of the determination.

(9)In this section, “three-quarter point”, in relation to a prisoner’s custody and community sentence, means the day on which the prisoner will have served three-quarters of the prisoner’s sentence.

(10)This section is subject to section 26.

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