Prisoners and Criminal Proceedings (Scotland) Act 1993

1B Prisoners serving consecutive sentences including at least one terrorism or national security-related sentence

(1) This section applies where— (a) a prisoner has been sentenced to two or more terms of imprisonment which are to be served consecutively on each other, (b) one or more of the sentences (the “terrorism or national security-related sentence”) was imposed— (i) in respect of an offence within section 1AB(2), or (ii) under section 205ZC of the 1995 Act in respect of an offence listed in Part 2 of Schedule 5ZB to that Act (offences involving or connected with a threat to national security), and (c) the sentences were imposed on the same occasion or, where they were imposed on different occasions, the prisoner has not been released under this Part at any time during the period beginning with the first and ending with the last of those occasions. (2) If the prisoner is serving a terrorism or national security-related sentence and a sentence that is not a terrorism or national security-related sentence, the terrorism or national security-related sentence is to be served (or, where subsection (7) applies, treated as being served) after that other sentence irrespective of when the sentences were imposed. (3) Where subsection (2) applies, the prisoner is to be taken to begin serving the custodial part of the terrorism or national security-related sentence (or first such sentence) as soon as the prisoner has served the custodial part of the other sentence. (4) If (but for this section) the prisoner would have been released on licence under this Part in respect of a sentence that is not a terrorism or national security-related sentence, the period during which the prisoner would have been on licence under this Part is to be served concurrently with the custodial part of the terrorism or national security-related sentence. (5) The prisoner may not be released under this Part in respect of the terrorism or national security-related sentence unless and until the prisoner has served the aggregate of— (a) if the prisoner is serving a sentence that is not a terrorism or national security-related sentence, the custodial part of the sentence, and (b) the custodial part of each terrorism or national security-related sentence that the prisoner is serving. (6) Subsection (7) applies where— (a) a sentence that is not a terrorism or national security-related sentence is imposed on the prisoner (the “new sentence”), and (b) the prisoner has already served part of the custodial part of a terrorism or national security-related sentence (the “served part”). (7) The prisoner is to be treated as having served— (a) where the served part is less than the custodial part of the new sentence, such part of the custodial part of the new sentence as is equal to the served part, (b) where the served part is equal to the custodial part of the new sentence, the custodial part of the new sentence, (c) where the served part exceeds the custodial part of the new sentence— (i) the custodial part of the new sentence, and (ii) so much of the custodial part of the terrorism or national security-related sentence as is equal to the amount by which the served part exceeds the custodial part of the new sentence. (8) Nothing in this Part requires— (a) the Scottish Ministers to release the prisoner in respect of any of the terms of imprisonment unless and until they are required to release the prisoner in respect of each of the other terms of imprisonment, (b) the Scottish Ministers or the Parole Board to consider the prisoner's release in respect of any of the terms of imprisonment unless and until the Ministers are or the Board is required to consider the prisoner's release, or the Ministers are required to release the prisoner, in respect of each of the other terms. (9) If the prisoner is released on licence under this Part the prisoner is to be on licence, on and after the release, until the prisoner would, but for the release, have served a term equal in length to the aggregate length of the term of imprisonment of any sentence that is not a terrorism or national security-related sentence and the term or, as the case may be, terms of imprisonment for the terrorism or national security-related sentence or sentences less the period mentioned in subsection (10). (10) The period is— (a) any period served concurrently in accordance with subsection (4), and (b) if (but for this section) the prisoner would have been released unconditionally under section 1(1) in respect of a sentence that is not a terrorism or national security-related sentence, the period equal to one-half of the term of that sentence. (11) Where a prisoner to which this section applies is released on licence under this Part (other than a licence under section 3AA), the release is to be on a single licence which is to be subject to such conditions as may be specified or required by this Part in relation to all the sentences in respect of which the prisoner has been so released. (12) In this section “custodial part”, in relation to a term of imprisonment means a period equal to the part of the term that (but for this section) the prisoner would be required to serve before— (a) the Scottish Ministers are required to release the prisoner under this Part, or (b) the Parole Board is first entitled under this Part to make a recommendation that the prisoner be released on licence under this Part. (13) In this section— (a) references to a sentence that is not a terrorism or national security-related sentence include references to two or more such sentences that are treated as a single term by virtue of section 27(5) (whether imposed before, after or both before and after a terrorism or national security-related sentence), and (b) where subsection (7) applies, the references in that subsection to the “custodial part of the new sentence” include references to the custodial part of the single term. (14) This section applies to a prisoner on whom sentence was imposed before the day on which paragraph 52(6) of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021 came into force as it applies to a prisoner on whom sentence was imposed on or after that day.