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Crime and Punishment (Scotland) Act 1997 (c. 48)(The document as of February, 2008) Page 9 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 (b) for the words "85(1) and (2)" there shall be substituted the words "85(2)". (12) In section 83 (transfer of sheriff court solemn proceedings)-- (a) in subsection (1), for the words "transfer the case to a sheriff court" there shall be substituted the words "adjourn the trial and transfer it to a sitting of a sheriff court, appointed as mentioned in section 66(1) of this Act,"; (b) in subsection (2)-- (i) before the word "make" there shall be inserted the words "adjourn the trial and"; and (ii) for the word "case" there shall be substituted the word "trial as mentioned in subsection (1) above"; and (c) after subsection (2), there shall be inserted the following subsection-- " (3) Where a warrant to cite any person to attend a sitting of the sheriff court has been issued by the sheriff clerk under section 66(1) of this Act and the trial has been adjourned and transferred by an order under subsection (2) above, the warrant shall have effect as if the trial diet had originally been fixed for the court, and the date of the sitting of that court, to which the trial is so transferred. " . (13) In section 103 (appeal sittings)-- (a) in subsection (3), for the words "subsection (1)" there shall be substituted the words "subsection (2)"; (b) in subsection (4), for the words "and (2)" there shall be substituted the words "to (3)"; and (c) in subsection (7), after the words "subsection (5)" there shall be inserted the words "and (6)". (14) In subsection (1)(b) of section 104 (power of High Court in appeals) the word "additional" shall cease to have effect. (15) In section 107(4) (application where leave to appeal refused), for the words "subsection (7)" there shall be substituted the words "subsection (10)". (16) In section 113(2)(c) (recipients of copy of judge's report) for the words "section 124(3) of this Act, to the Secretary of State" there shall be substituted the words "Part XA of this Act, to the Commission". (17) In section 118 (disposal of appeals)-- (a) in subsection (4)(b), the word "additional" shall cease to have effect; and (b) after subsection (8) there shall be inserted the following subsection-- " (9) The High Court may give its reasons for the disposal of any appeal in writing without giving those reasons orally. " . (18) In section 124 (finality of proceedings and Secretary of State's reference)-- (a) in subsection (1), after "this Part" there shall be inserted the words "or Part XA"; (b) in subsection (2), for the words "subsection (3) below" there shall be substituted the words "Part XA of this Act"; and (c) subsections (3) to (5) shall cease to have effect. (19) In section 141 (manner of citation)-- (a) in subsection (3)-- (i) the words "signed by the prosecutor and" shall cease to have effect; (ii) in paragraph (a), after the word "accused," there shall be inserted the words "signed by the prosecutor and"; and (iii) in paragraph (b), after the word "sent" there shall be inserted the words "by or on behalf of the prosecutor"; and (b) , after subsection (5) there shall be inserted the following subsection-- " (5A) The citation of a witness to a sitting or diet or adjourned sitting or diet as mentioned in subsection (1) above shall be effective if it is sent by the accused's solicitor by ordinary post to the dwelling house or place of business of the witness or, if he has no known dwelling house or place of business, to any other place in which he may be resident at the time. " . (20) In section 179(2) (stated case: adjustment and signature) the word "additional" shall cease to have effect. (21) In subsection (5)(b) of section 182 (stated case: hearing of appeal) the word "additional" shall cease to have effect. (22) In subsection (1)(b) of section 189 (disposal of appeal against sentence) the word "additional" shall cease to have effect. (23) In section 199 (power to mitigate penalties), in subsection (3) after paragraph (b) there shall be inserted the following paragraph-- " ; or (c) to any proceedings in which the court on conviction is under a duty to impose a sentence under section 205A(2) or 205B(2) of this Act. " . (24) In section 202(1) (deferral of sentence) at the beginning there shall be inserted the words "Subject to section 205A of this Act,". (25) In section 207(2) (detention of young offenders)-- (a) for the words "section 205(2) and (3)" there shall be substituted the words "sections 205(2) and (3), 205A(2)(b) and 205B(2)(b)"; and (b) for the word "exceed" there shall be substituted the words "be less than the minimum nor more than". (26) In section 209 (supervised release orders), after subsection (7) there shall be inserted the following subsection-- " (7A) Where a person-- (a) is serving a sentence of imprisonment and on his release from that sentence will be subject to a supervised release order; and (b) is sentenced to a further term of imprisonment, whether that term is to run consecutively or concurrently with the sentence mentioned in paragraph (a) above, the relevant period for any supervised release order made in relation to him shall begin on the date when he is released from those terms of imprisonment; and where there is more than one such order he shall on his release be subject to whichever of them is for the longer or, as the case may be, the longest period. " . (27) In section 228(1) (probation orders), after the word "below" there shall be inserted the words "and without prejudice to section 245D of this Act". (28) In section 232 (failure to comply with requirements of probation order), after subsection (3) there shall be inserted the following subsection-- " (3A) Where the court intends to sentence an offender under subsection (2)(b) above, and the offender is by virtue of section 245D of this Act subject to a restriction of liberty order, it shall, before sentencing the offender under that paragraph, revoke the restriction of liberty order. " . (29) In section 233 (commission of further offence while subject to probation order), after subsection (5) there shall be added the following subsection-- " (6) This section shall not apply where the offence in respect of which the order was made and the offence committed during the probation period are qualifying offences within the meaning of section 205A of this Act. " . (30) In section 234A (non-harassment orders), subsection (5) shall cease to have effect. (31) In section 246(1) (admonition), at the beginning, there shall be inserted the words "Subject to sections 205A and 205B of this Act,". (32) In section 280 (routine evidence), in subsection (6)(b), for the words "the accused" there shall be substituted the word "he". (33) In section 298 (trial judge's report)-- (a) in subsection (1)(a), after the words "108" there shall be inserted the words ", 108A"; and (b) in subsection (2), for the words "section 124(3) of this Act, the Secretary of State" there shall be substituted the words "Part XA of this Act, the Commission". (34) In section 307(1) (interpretation)-- (a) after the definition of "Clerk of Justiciary" insert-- " "the Commission" has the meaning given by section 194A(1) of this Act; " ; and (b) after paragraph (a) of the definition of "hospital", there shall be inserted the following paragraph-- " (aa) any hospital managed by a National Health Service Trust established under section 12A of that Act; " . (35) In Schedule 4 (supervision and treatment orders)-- (a) in paragraph 3(3), after the word "officer;" there shall be inserted the following sub-paragraph-- " (bb) the medical practitioner by whom or under whose supervision the supervised person is to be treated under the order; " ; (b) in paragraph 10(1), after the word "officer" there shall be inserted the words "and to the medical practitioner by whom or under whose supervision the supervised person was treated under the supervision and treatment order"; (c) in paragraph 11(1)(a), after the word "officer" there shall be inserted the words "and to the medical practitioner by whom or under whose supervision the supervised person has been treated under the supervision and treatment order". Section 33(3). SCHEDULE 2 Transitional provisions with respect to early release1 (1) In this Schedule--
(2) In subparagraph (1) above, the definitions of new offence, new sentence, old offence and old sentence shall have effect notwithstanding that conviction and sentence may occur after the Chapter comes into force. (3) In relation to default in paying a fine, the date on which sentence is passed shall be taken to be, in relation to imprisonment imposed-- (a) under section 214(2) or 216 of the 1995 Act, the date on which the court imposes imprisonment; and (b) under section 214(4) of the 1995 Act, the date on which the defaulter is committed to prison. 2 Where, by virtue of the provisions of this Schedule, a prisoner is treated as serving-- (a) a new sentence, the new provisions will apply in respect of him; (b) an old sentence, the existing provisions will apply in respect of him, in both cases subject to any specific provision made in this Schedule. 3 For the purposes of this Schedule, where additional days have been awarded to, or days of remission have been forfeited by, a prisoner serving an old sentence, the period which he is required to serve in respect of that sentence shall be computed without regard to those days, and he shall serve those days-- (a) after that period has come to an end; and (b) before starting to serve any new sentence of imprisonment which is to run consecutively to that old sentence. 4 Where any combination of old and new sentences is to run, either consecutively or concurrently, in relation to a prisoner, any supervised release order imposed under any of those sentences shall begin on the date when he is released; and where there is more than one such order he shall be subject to whichever of them is the longer or, as the case may be, the longest. 5 Where a single sentence is passed in respect of a number of offences committed on different days, for the purposes of this Schedule the sentence shall be deemed to have been passed in respect of the offence or offences committed on the latest of those days. 6 Subject to paragraph 8 below, where a new sentence is to run consecutively to an old sentence, the new sentence shall begin-- (a) where the old sentence was or is for less than four years, at the expiry of one half of that sentence; and (b) subject to paragraph 7 below, where the old sentence was or is for four years or more, at the expiry of two thirds of that sentence 7 Where, in a case to which paragraph 6(b) above applies, the Parole Board have, prior to the passing of the new sentence, recommended that the prisoner be released on licence on a date-- (a) earlier than the expiry of two thirds of that sentence; and (b) later than the date on which the new sentence is passed, the new sentence shall begin on such date as the Secretary of State may, after considering any further recommendation of the Parole Board, determine, being a date not later than the expiry of two thirds of the sentence. 8 Where a new sentence is to run consecutively to an old sentence and the prisoner concerned is in prison-- (a) because he has been recalled to prison by the Secretary of State, the new sentence shall begin, where he is recalled-- (i) after the expiry of one half and before the expiry of two thirds of the old sentence, at the expiry of two thirds of that sentence; (ii) after the expiry of two thirds of the old sentence, at the expiry of the old sentence; (iii) in either of the cases mentioned in sub-paragraphs (i) and (ii) above, and the Parole Board has directed his release under section 17(4) of the 1993 Act or has recommended his release under section 28(5) of the 1989 Act, on the date on which he would, by virtue of that direction or recommendation and but for the new sentence, have been released; (b) as a result of an order made under section 16 of the 1993 Act (commission of offence by released prisoner), the new sentence shall begin on the date on which the return period determined by that order expires; (c) both because he has been recalled by the Secretary of State and returned as a result of an order made under section 16 of the 1993 Act, the new sentence shall begin on the expiry of whichever of the recall period and the order period ends later. 9 Where any combination of old and new sentences is to run consecutively in relation to a prisoner and-- (a) after the expiry of any supervised release order such as is mentioned in paragraph 4 above; or (b) where he is not subject to any such supervised release order, on his release, there remains outstanding part of any licence period in respect of an old sentence, he shall, in accordance with the existing provisions, be subject to that licence for that part of that period. 10 Where any combination of old and new sentences is to run consecutively in relation to a prisoner and-- (a) the last of those sentences is a new sentence, he shall, in addition to any supervised release order or licence period, be subject to the new provisions in relation to that new sentence; and (b) the last of those sentences is an old sentence, he shall, in addition to any supervised release order or licence period, be subject to the existing provisions in relation to that old sentence. 11 In calculating a licence period for the purposes of paragraphs 9 and 10 above any period less than three months shall be disregarded. 12 Where a prisoner serving an old sentence of four years or more-- (a) has been released on licence; and (b) receives a new sentence, before the expiry of that old sentence, he shall begin to serve the new sentence immediately on its being passed or on such other date as the court may specify. 13 Where an old sentence is to run consecutively to a new sentence, the prisoner concerned shall begin to serve the old sentence on the date when he would otherwise have been released from the new sentence. 14 Where any combination of old and new sentences is to run concurrently, in relation to a prisoner, he shall be treated as if he is serving whichever of them will, as at the date on which the latest of them is passed, give rise to the later or, as the case may be, latest release date and, for the purposes of this paragraph, "release date" means-- (a) in the case of an old sentence-- (i) one half of a sentence of less than four years; and (ii) two thirds of a sentence of four years or more; and (b) in the case of a new sentence, the whole term. 15 If, by virtue of paragraph 14 above, the prisoner is to be treated as serving an old sentence, and-- (a) that sentence is either quashed or reduced to a period shorter than the concurrent new sentence on appeal; or (b) a new sentence to which he is subject is increased on appeal to a period longer than the concurrent old sentence, the prisoner concerned shall, as at the date when he begins to be treated as serving the new sentence, be deemed to have been awarded as many early release days as possible in relation to the period during which he was treated as serving the old sentence, (under deduction of any additional days which may have been awarded to him, or days of remission which may have been forfeited by him, during that period). 16 (1) This paragraph applies where a prisoner who is being held on remand in respect of both an old offence and a new offence is, in consequence of the same act or omission-- (a) awarded additional days in respect of any prospective old sentence which may be imposed upon him; and (b) is made subject to an order by which he forfeits early release days, in respect of any prospective new sentence which may be imposed upon him. (2) Where the prisoner receives-- (a) only an old sentence, he is liable to the additional days mentioned in subparagraph (1)(a) above; (b) only a new sentence, he is liable only to forfeit the early release days mentioned in subparagraph (1)(b) above. (3) Where the prisoner receives both an old and a new sentence which are to run-- (a) consecutively, he is liable to the additional days, if the longer or, as the case may be, longest sentence is an old sentence, or to the forfeiture of the early release days, if the longer or, as the case may be longest, sentence is a new sentence; (b) concurrently, he is liable either to the additional days or, as the case may be, to the forfeiture of the early release days, depending on whether the sentence is, in accordance with paragraph 14 above, to be treated as an old or, as the case may be, a new sentence. Section 62(2). SCHEDULE 3 Repeals
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