Prisoners and Criminal Proceedings (Scotland) Act 1993
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Change 1
26ZA Terrorism and national security-related sentences
(1) This section applies to a person (“the prisoner”) who— (a) is not a life prisoner, and (b) is serving a terrorism or national security-related sentence. (2) A terrorism or national security-related sentence is— (a) a sentence of imprisonment imposed under section 205ZA of the 1995 Act (serious terrorism sentence), (b) a sentence of imprisonment imposed under section 205ZC of that Act (... sentence with fixed licence period), or (c) an extended sentence imposed under section 210A of that Act in respect of a terrorism offence. (3) Subject to the provisions of this section, this Part, except sections 1AB, 1A and 1B, applies in relation to a terrorism or national security-related sentence as if any reference to a sentence or term of imprisonment were a reference to the appropriate custodial term of a terrorism or national security-related sentence. (4) Where the prisoner is released on licence under this Part the licence remains in force until the end of the extension period (but subject to section 17). (5) Where, apart from this subsection, the prisoner would be released unconditionally at the end of the appropriate custodial term— (a) the prisoner must be released on licence, and (b) the licence remains in force until the end of the extension period (but subject to section 17). (6) The extension period is to be taken to begin— (a) for the purposes of subsection (4), on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the appropriate custodial term; (b) for the purposes of subsection (5), on the day on which, apart from that subsection, the prisoner would have been released unconditionally at the end of the appropriate custodial term. (7) Where the prisoner is subject to two or more terrorism or national security-related sentences, the extension period which is taken to begin in accordance with subsection (6) is the aggregate of the extension period of each of those sentences. (8) Subsection (7) is subject to— (a) sections 1A(1)(c) and 1B(11), and (b) in the case of a ... sentence imposed under section 205ZA of the 1995 Act, subsection (10) of that section and any direction by the court imposing the sentence. (9) For the purposes of sections 12(3) and 17(1), the question of whether the prisoner is a long-term or short-term prisoner is to be determined by reference to the terrorism or national security-related sentence. (10) In the application of this Part to a terrorism or national security-related sentence— (a) references in sections 1A(1)(c) and 16(1)(a) to the date on which a prisoner would have served the prisoner's sentence in full are to be read as if they were references to the date on which the terrorism or national security-related sentence as originally imposed by the court would expire, and (b) the reference in section 17(5) to a prisoner being liable to be detained in pursuance of the prisoner's sentence is to be read as if it were a reference to the prisoner being liable to be detained until the expiry of the extension period. (11) For the purposes of this section— “appropriate custodial term”, in relation to a terrorism or national security-related sentence imposed on a ... prisoner, means— the term determined as such by the court that imposes the sentence on the prisoner under section 205ZA or, as the case may be, section 205ZC of the 1995 Act, or the term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act; “extension period” means— in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZA of the 1995 Act, the period specified as such under that section by the court that imposes the sentence on the prisoner; in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZC of that Act, the period of 1 year specified as such under that section by the court that imposes the sentence on the prisoner; in relation to an extended sentence imposed on a ... prisoner under section 210A of that Act in respect of a terrorism offence, the period specified as such under that section by the court that imposes the sentence on the prisoner.
26ZA Terrorism and national security-related sentences
(1) This section applies to a person (“the prisoner”) who— (a) is not a life prisoner, and (b) is serving a terrorism or national security-related sentence. (2) A terrorism or national security-related sentence is— (a) a sentence of imprisonment imposed under section 205ZA of the 1995 Act (serious terrorism sentence), (b) a sentence of imprisonment imposed under section 205ZC of that Act (... sentence with fixed licence period), or (c) an extended sentence imposed under section 210A of that Act in respect of a terrorism offence. (3) Subject to the provisions of this section, this Part, except sections 1AB, 1A and 1B, applies in relation to a terrorism or national security-related sentence as if any reference to a sentence or term of imprisonment were a reference to the appropriate custodial term of a terrorism or national security-related sentence. (4) Where the prisoner is released on licence under this Part the licence remains in force until the end of the extension period (but subject to section 17). (5) Where, apart from this subsection, the prisoner would be released unconditionally at the end of the appropriate custodial term— (a) the prisoner must be released on licence, and (b) the licence remains in force until the end of the extension period (but subject to section 17). (6) The extension period is to be taken to begin— (a) for the purposes of subsection (4), on the day following the date on which, had there been no extension period, the prisoner would have ceased to be on licence in respect of the appropriate custodial term; (b) for the purposes of subsection (5), on the day on which, apart from that subsection, the prisoner would have been released unconditionally at the end of the appropriate custodial term. (7) Where the prisoner is subject to two or more terrorism or national security-related sentences, the extension period which is taken to begin in accordance with subsection (6) is the aggregate of the extension period of each of those sentences. (8) Subsection (7) is subject to— (a) sections 1A(1)(c) and 1B(11), and (b) in the case of a ... sentence imposed under section 205ZA of the 1995 Act, subsection (10) of that section and any direction by the court imposing the sentence. (9) For the purposes of sections 12(3) and 17(1), the question of whether the prisoner is a long-term or short-term prisoner is to be determined by reference to the terrorism or national security-related sentence. (10) In the application of this Part to a terrorism or national security-related sentence— (a) references in sections 1A(1)(c) and 16(1)(a) to the date on which a prisoner would have served the prisoner's sentence in full are to be read as if they were references to the date on which the terrorism or national security-related sentence as originally imposed by the court would expire, and (b) the reference in section 17(5) to a prisoner being liable to be detained in pursuance of the prisoner's sentence is to be read as if it were a reference to the prisoner being liable to be detained until the expiry of the extension period. (11) For the purposes of this section— “appropriate custodial term”, in relation to a terrorism or national security-related sentence imposed on a ... prisoner, means— the term determined as such by the court that imposes the sentence on the prisoner under section 205ZA or, as the case may be, section 205ZC of the 1995 Act, or the term determined as the custodial term by the court that imposes the extended sentence on the prisoner under section 210A of that Act; “extension period” means— in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZA of the 1995 Act, the period specified as such under that section by the court that imposes the sentence on the prisoner; in relation to a sentence of imprisonment imposed on a ... prisoner under section 205ZC of that Act, the period of 1 year specified as such under that section by the court that imposes the sentence on the prisoner; in relation to an extended sentence imposed on a ... prisoner under section 210A of that Act in respect of a terrorism offence, the period specified as such under that section by the court that imposes the sentence on the prisoner.
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