Loughlin 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 to six charges, including theft, reset and driving and vehicle document offences, and was sentenced to a term of imprisonment and made the subject of a SRO for a period of 12 months, and who by the date of the sentencing hearing was already serving a term of imprisonment and fell to be viewed as long-term prisoner, the court held that the sheriff appeared to have overlooked the terms of s 209(7)(b) of the Criminal Procedure (Scotland) Act 1995 and that the imposition of a SRO was incompetent in the appellant's case.

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