Criminal Justice (Scotland) Act 1963

In relation to a person detained by virtue of such an order as aforesaid in a prison in Northern Ireland, paragraph 8 (and, if that person is released from such a prison under that paragraph, paragraph 2) of this Schedule shall have effect as if for references to the Secretary of State there were substituted references to the Ministry of Home Affairs for Northern Ireland.

Channel Islands and Isle of Man

14

Her Majesty may, by Order in Council, make such provision as appears to Her to be proper for the purposes of or in connection with the application of Part I of this Schedule to any of the Channel Islands or to the Isle of Man.

General

15

The enactments authorising warrants of arrest for criminal offences issued in any country to which this Schedule extends to be executed in any other such country shall apply to any warrant issued for the purposes of proceedings under Part I of this Schedule as they apply to such warrants as aforesaid.

SCHEDULE 2

PART I — Compulsory Supervision

1

• (1) A person released from an approved school shall until the expiration of the period of two years from the date of his release or until he attains the age of twenty-one, whichever is the earlier, be under the supervision of the managers of that school, and shall while out from the school under that supervision live with the person named in that behalf in a notice to be given by the managers to the first-mentioned person on his release or with such other person as the managers may thereafter from time to time nominate.

• (2) The person with whom a person is required to live while out under supervision from his school shall be either his parent or any suitable person who is willing to receive and take charge of him.

2

• (1) The managers of an approved school from which a person is out under supervision may, at any time before the expiration of the said period of two years, by order in writing recall him to the school; and thereupon he shall be liable to be detained in the school until the expiration of the period of his detention or the expiration of six months from the date on which he returns (or is brought back) to the school, whichever is the later.

• (2) A person shall not be recalled to, or be liable to be detained in, an approved school under this paragraph after he has attained the age of nineteen.

3

The managers of an approved school in which a person is detained under paragraph 2 of this Schedule may at any time release him, and paragraphs 1 and 2 of this Schedule shall apply on his release under this paragraph as they apply in the case of his original release except that the references to the period of two years from the date of his release shall be construed respectively as references to the period of two years from the date of his original release.

4

For the purposes of the application of paragraphs 1 to 3 of this Schedule to a person who was originally released from an approved school (whether on licence or under supervision) before the date of the commencement of section 18 of this Act and who on or after that date is again released from an approved school (being either the same school or any other school in Scotland in which he is detained by virtue of the same approved school or other order), the references in the said paragraphs 1 and 2 to the period of two years from the date of his release shall be construed as references to the period of two years from the date of his original release before the commencement of that section, and, as regards the references in the said paragraph 3 to his original release, the first of them shall be construed as a reference to his earliest release after the said commencement, and the second of them shall be construed as a reference to his original release before the said commencement.

5

For the purposes of the Children and Young Persons (Scotland) Act 1937 and any other enactment (including this Act) relating to approved schools, a person under the supervision of the managers of an approved school shall, while he is out under supervision from the school, be deemed to be under the care of the managers.

6

• (1) An order of the Secretary of State under paragraph 9 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937 that a person under the care of the managers of an approved school be discharged or be transferred to the care of the managers of another school shall, in the case of a person who is under the supervision of the first-mentioned managers, have the effect of discharging him from their supervision as well as from their care.

• (2) Where a person who is under the supervision of the managers of an approved school is transferred as aforesaid to the care of the managers of another school in Scotland, he shall remain subject to supervision under Part I of this Schedule, but as from the time of his transfer he shall be under the supervision of the managers of that other school, and Parts I and II of this Schedule shall apply to him as if his original release as mentioned in paragraph 1 of this Schedule had been from that other school, the person (if any) with whom he was, immediately before his transfer, required to live under that paragraph being treated as having been nominated in that behalf by the managers of the last-mentioned school immediately after his transfer.

PART II — Further Advice and Assistance

7

Where a person under the supervision of the managers of an approved school under Part I of this Schedule ceases to be under their supervision otherwise than by reason of his being transferred as mentioned in paragraph 6 (1) of this Schedule, then during the period beginning with the day on which he so ceases and ending with the date of the third anniversary of the expiration of the period of his detention or the date on which he attains the age of twenty-one, whichever is the earlier, the managers, if so requested by him, may, to the extent that they think it appropriate to do so, cause him to be visited, advised and befriended or give him assistance (including, if they think fit, financial assistance) in maintaining himself and finding suitable employment.

8

Where, in the case of a person to whom paragraph 4 of this Schedule applies, his earliest release from an approved school after the commencement of section 18 of this Act occurs after the expiration of the period of two years from the date of his original release but not later than whichever of the dates mentioned in paragraph 7 of this Schedule is the earlier in his case, he shall be treated for the purposes of the said paragraph 7 as ceasing to be under the supervision of the managers of the school under Part I of this Schedule on the day of his earliest release as aforesaid.

SCHEDULE 3

PART I

The Summary Jurisdiction (Scotland) Act 1954 — (2 & 3 Eliz. 2. c. 48)

For section 44 there shall be substituted the following section:—

PART II

The Magistrates' Courts Act, 1952 — (15 & 16 Geo. 6. & 1 Eliz. 2. c. 55)

After section 72 there shall be inserted the following sections:

SCHEDULE 4

Legal Aid in Criminal Proceedings

In section 1, in subsection (6), the words from " or in connection" to " indictment)" shall be omitted and at the end of that subsection there shall be inserted the following subsection:—

In section 2.—

In section 6, in subsection (3), in the proviso, for paragraph (a) there shall be substituted the following paragraph:—

In section 15, in subsection (1), in paragraph (b), after the word " litigandi" there shall be inserted the words " or whether he has substantial grounds for taking proceedings by way of appeal against conviction or sentence ".

SCHEDULE 5

The Criminal Appeal (Scotland) Act 1926 — (16 & 17 Geo. 5. c. 15)

In section 11 (2), the words " for his use " shall be omitted.

The Children and Young Persons (Scotland) Act 1937 — (1 Edw. 8 & 1 Geo. 6 c. 37)

In section 86 (1)(b), for the words " or on licence " there shall be substituted the words " or under supervision ".

In section 87—

In Schedule 2, in paragraph 9 (3), for the words " this Act shall have effect" there shall be substituted the words " this Act and the Criminal Justice (Scotland) Act 1963 shall have effect ".

The Family Allowances Act 1945 — (8 & 9 Geo. 6 c. 41)

In section 26, after subsection (8), there shall be inserted the following subsection:—

and as if for the references to the Children and Young Persons Act 1933 and to section 53 thereof there were substituted, respectively references to the Children and Young Persons (Scotland) Act 1937 and to section 57 thereof ".

The Children Act 1948 — (11 & 12 Geo. 6 c. 43)

In section 6 (4), for the words from the beginning of the subsection to the words " said paragraph 6" there shall be substituted the words " Where under Part I of Schedule 2 to the Criminal Justice Act 1961 or, as the case may be, to the Criminal Justice (Scotland) Act 1963 a child is under the supervision of the managers of an approved school, and it appears to the managers that the child has no home or that his home is unsatisfactory, then with the consent of the managers ".

The Criminal Justice (Scotland) Act 1949 — (12, 13 & 14 Geo. 6. c. 94)

In section 9 (1), for the words from " and of any subsequent proceedings " to " aggravation " there shall be substituted the words " and of laying it before a court as a previous conviction in subsequent proceedings for another offence " .

In section 20(1), after the words " institution, the court" there shall be inserted the words " subject to section 3 of the Criminal Justice (Scotland) Act 1963 " .

In section 21(2)(a), after the word " more " there shall be inserted the words " or remitted thereto for sentence in respect of such an offence " .

In section 70(2), for the words " seventy-seven and seventy-eight" there shall be substituted the words " and seventy-seven " .

In section 78(4), after the word " under " there shall be inserted the words " any enactment including ".

The Prisons (Scotland) Act 1952 — (15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.)

In section 9, the words " the whole of " shall be omitted.

For section 16(1) there shall be substituted the following subsections—

In section 18—

In section 19 (3), for the words from " the supervision " to the word " specified " there shall be substituted the word " supervision ".

.

In section 28 (2), after the words " detention centre " there shall be inserted the words " young offenders institution " .

In section 31—

In section 33—

In section 34, after the word " institution " there shall be inserted the words " or a young offenders institution " .

In section 35—

In section 37—

The Summary Jurisdiction (Scotland) Act 1954 — (2 & 3 Eliz. 2. c. 48.)

In section 3, in paragraph (b), for the words " ten pounds" there shall be substituted the words " fifty pounds "; and in paragraph (c), for the words " twenty pounds " there shall be substituted the words " fifty pounds " .

In section 4, in subsection (2), for paragraphs (c), (d) and (e) there shall be substituted the following paragraphs—

In section 7(1), in paragraphs (a) and (b), for the words "twenty-five pounds" there shall be substituted the words " one hundred and fifty pounds " .

In section 20(1), for the words "such warrant" there shall be substituted the words " warrant of apprehension or search " .

In section 21, for the word "fourteen" there shall be substituted the word " twenty-one " .

In section 26(4), after the words "detention centre " there shall be inserted the words " young offenders institution " .

In section 31(1), for the words "forming an aggravation of any offence libelled in the complaint" there shall be substituted the words " and the prosecutor has decided to lay a previous conviction before the court " .

In section 33(1), for the words " three pounds " there shall be substituted the words " twenty-five pounds " .

In section 40, in paragraph (b), for the words " twenty-five pounds " there shall be substituted the words " one hundred pounds " .

In section 45(2), for the words " legalised police cells " there shall be substituted the words " any other place in which a person may be lawfully detained in default of payment of a fine " .

For section 48 there shall be substituted the following section:—

In section 50, at the end there shall be added the following subsection:—

In section 76(1)(a), at the end there shall be inserted " or, so far as they relate to summary jurisdiction or procedure, of the Criminal Justice (Scotland) Act 1949 or the Criminal Justice (Scotland) Act 1963.

In section 77, after the definition of " Borstal training " and " Detention centre " there shall be inserted the following definition:—

The First Offenders Act 1958 — (6 & 7 Eliz. 2, c. 31.)

For section 1 (3), there shall be substituted the following subsections :—

First Offenders (Scotland) Act 1960 — (8 & 9 Eliz. 2 c. 23)

In section 1—

for subsection (3), there shall be substituted the following subsections :—

Mental Health (Scotland) Act 1960 — (8 & 9 Eliz. 2 c. 61)

In Schedule 3, in paragraph 9—

Criminal Justice Act 1961 — (9 & 10 Eliz. 2 c. 39)

In section 32(2), in paragraph (b), the word " twenty " shall be omitted, and at the end of the paragraph there shall be inserted the words " and sections 11, 12 and 14 of the Criminal Justice (Scotland) Act 1963 and Schedule 1 to that Act. "

In section 34(6), after the words "or detention centre" there shall be inserted the words " or who, immediately before his removal, was undergoing a sentence of detention in a young offenders institution in Scotland "; and at the end of the subsection there shall be added the words " and subsections (3) to (5) of this section shall apply to any person in whose case such a direction is given as if he had been removed under this section ".

In section 38(5)(a), after the word " sentence ", where first occurring, there shall be inserted the words " of detention in a young offenders institution passed in Scotland, and a sentence " .

In section 39 (1), after paragraph (b) there shall be inserted the following paragraph—

SCHEDULE 6

Table of Statutes referred to in this Act