# Criminal Procedure (Consequential Provisions) (Scotland) Act 1995, Paragraph 12

Extent: S

(1) Any enactment which confers power on a court to pass a sentence of penal servitude in any case shall be construed, subject to sub-paragraph (3) below, as conferring power to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before 12 June 1950.
(2) Any enactment which confers power on a court to pass a sentence of imprisonment with hard labour in any case shall be construed as conferring power to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of imprisonment with hard labour could have been passed in that case immediately before 12 June 1950.
(3) Nothing in sub-paragraph (1) above shall be construed as empowering a court, other than the High Court, to pass a sentence of imprisonment for a term exceeding five years .

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Source: https://www.legislation.gov.uk/ukpga/1995/40/schedule/3/paragraph/12 (the official version)
Page: https://openlegislation.uk/criminal-procedure-consequential-provisions-scotland-act-1995/schedule-3/paragraph-12
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.