Custodial Sentences and Weapons (Scotland) Act 2007

[F120AAssessment under section 20(5)(a) and (b)S

(1)The part mentioned in subsection (5)(b) of section 20 in relation to the period mentioned in subsection (5)(a) of that section is—

(a)one-half of that period, or

(b)if subsection (2) applies, such greater proportion of that period as the court specifies.

(2)This subsection applies if, taking into account in particular the matters mentioned in subsection (5), the court considers that it would be appropriate to specify as that part a greater proportion of that period.

(3)In subsections (1)(b) and (2), the references to a greater proportion extend so as to include the whole of that period.

(4)In subsections (1) to (3), the references to the period mentioned in subsection (5)(a) of section 20 are to that period as informed by subsection (5A)(a) of that section.

(5)For the purpose of subsection (2), the matters are (continuing to ignore any period of confinement which may be necessary for the protection of the public)—

(a)the seriousness of the offence, or of the offence combined with other offences of which the prisoner is convicted on the same indictment as that offence,

(b)where the offence was committed when the prisoner was serving a period of imprisonment for another offence, that fact, and

(c)any previous conviction of the prisoner.]