Baker v HM Advocate

Sentencing – Long-term prisoner – Supervised Release Order ('SRO') – Competency. High Court of Justiciary: Allowing an appeal against sentence by an appellant who pled guilty on summary complaint to threatening or abusive behaviour, a case which called for sentencing alongside an indictment in respect of which he had been convicted of assault and attempted robbery, the sheriff imposing a sentence of 3 years and 6 months' imprisonment, with a 12-month SRO in relation to the indictment, and on the summary complaint a sentence of 6 months' imprisonment, to run consecutively to the first sentence, the court held that the consecutive sentences were to be treated as a single term of 4 years; the appellant thus fell within the category of a long term prisoner, and his release would be subject to licence, which meant that it was not competent for the sheriff to impose an SRO, since such a component of the sentence could not be given effect.

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