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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7634
Experience:  28 years as a practising solicitor.
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Under Scots law how is the of notification calculated

Resolved Question:

Under Scots law how is the period of notification calculated for registration on sex offender register when an extended sentence, comprising a custody term and an extended period (eg under s.210A Criminal Procedure (Scotland) Act 1995) is imposed? In other words if someone got 18months detention plus 24 months extended licence period is the figure for notification purposes 18 months in which case the notification period would be 10years or is it 42 months (the total sentence) making it an indefinite period?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

It's calculated on actual detention time, not on the extended sentence part so in your example 18 months.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.
Thanks that is what I thought but I can't find any authority for it. Under English law when an extended sentence is imposed the notification period is the totality of the custodial and extended part . This interpretation followed a case called Wiles in 2004. Do you have the authority for your answer that is all I need and will be happy to provide a positive feedback.
Expert:  JGM replied 1 year ago.
Here is the statute which lays down the various time periods:

http://www.legislation.gov.uk/ukpga/2003/42/section/82

The English case of Wiles was based on a judge's interpretation of the English statutes and the case has no relevance in Scotland where there is no similar case.

Customer: replied 1 year ago.
I am familiar with s.82. I appreciate that Wiles considered a statute (Powers of Criminal Courts (Sentencing) Act 2000) which has never been in force in Scotland. The act dealing with extended sentences in Scotland is the Criminsl Procedure ( Scotland) Act 1995 s.210A but the language in both Acts is very similar and so I just wanted to be sure that the Scottish courts had not, irrespective of Wiles, interpreted 'sentence of imprisonment' to include both the custodial element and the extended period. Certainly when I trawled some recent Scottish cases it seemed that the notification period was determined by the custodial element only but I just wondered if this had ever been considered by the Scottish courts.
Expert:  JGM replied 1 year ago.
I did a case search on Westlaw earlier and could find no such case. I also consulted a senior criminal law practitioner in my firm and he confirmed that the actual sentence of imprisonment was the period taken into account and not the licence period.

I can't prove a negative I'm afraid but in the absence of authority to the contrary I stand by my answer.

Regards

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7634
Experience: 28 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 1 year ago.
I did similar searches and came to the same conclusion. Thank you. Much appreciated.

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