Criminal Justice (Scotland) Act 1963
No court shall impose detention on a person under twenty-one years of age, unless the court is of opinion that no other method of dealing with him is appropriate.
For the purpose of determining in pursuance of the provisions of subsection (1) of (this section whether any other method of dealing with a person mentioned therein is appropriate, the court shall obtain information about that person's circumstances from a probation officer or otherwise and shall consider that information ; and the court shall take into account any information before it which is relevant to his character and to his physical and mental condition.
Where a court of summary jurisdiction imposes detention on an offender under twenty-one years of age, the court shall state the reason for its opinion that no other method of dealing with him is appropriate, and the reason shall be entered in the record of the proceedings along with the finding and sentence.
Where, after the commencement of this section, in the case of a person who is of or over seventeen years of age but less than twenty-one years of age the court is of opinion as aforesaid, and either— it shall, subject to the following provisions of this Act, instead of imposing a term of imprisonment upon him impose detention in a young offenders institution for a term not exceeding the term for which he could have been imprisoned.
if the person has been convicted of an offence punishable with imprisonment, is satisfied, having considered all the circumstances of the case, that neither a sentence of borstal training nor a sentence of detention in a detention centre should be imposed ; or
would have power but for the said commencement to impose imprisonment otherwise than by sentence;
The Secretary of State shall provide such young offenders institutions as appear to him to be necessary, and accordingly, after section 31(1)(c) of the Prisons (Scotland) Act 1952 (which relates to remand centres, detention centres and borstal institutions), there shall be inserted the following paragraph—and
In any enactment—
any reference to a sentence of imprisonment as including a reference to a sentence of any other form of detention shall be construed as including a reference to a sentence of detention in a young offenders institution; and
any reference to imprisonment as including any other form of detention shall be construed as including a reference to detention in a young offenders institution."
The maximum period for which a person sentenced to borstal training after the commencement of this section may be detained in pursuance of section 33(2) of the Prisons (Scotland) Act 1952 shall be two years instead of three years.
The period for which a person sentenced to borstal training after the commencement of this section is to be under supervision under section 33(3) of the said Act after his release from a borstal institution shall, subject to any order of the Secretary of State under that subsection, be a period of one year beginning with the date of his release (instead of a period of three years from the date of sentence or of one year from the date of release, whichever period expires earlier).
Where in pursuance of section 33(4) of the said Act an order is made for the recall of a person sentenced to borstal training after the commencement of this section and subsequently released, the maximum period for which he shall be liable to be detained following recall shall be three months instead of one year.
Where in pursuance of section 33(4) of the said Act of 1952 an order is made for the recall of a person who is under supervision after his release from a borstal institution, that person shall, after the commencement of this section, instead of being detained in a borstal institution, be detained in a young offenders institution.
The Secretary of State shall have power, in the case of a person who is detained in a borstal institution at the commencement of this section after his recall as aforesaid, to transfer that person to a young offenders institution.
Where a person sentenced to borstal training, being under supervision after his release from a borstal institution, is convicted of an offence punishable with imprisonment, the court may, instead of dealing with him in any other manner, make an order for his recall.
An order for the recall of a person made as aforesaid shall have the like effect as an order for recall made by the Secretary of State under section 33(4) of the Prisons (Scotland) Act 1952.
Subject to the provisions of this section, in any case where a person who is not less than fourteen but under twenty-one years of age is convicted of an offence punishable with imprisonment, and the court has been notified by the Secretary of State that a detention centre is available for the reception from that court of persons of his class or description, it may pass on him a sentence of detention in that centre for a fixed term of three months.
A court shall not pass a sentence under this section in the case of a person who has served or is serving a sentence involving his detention for two months or more in a prison or in a young offenders institution or a sentence of borstal training, or in the case of a person who has served a sentence of detention in a detention centre, unless the court is of the opinion that, having regard to special considerations arising out of the circumstances of the case and the character of the offender, this method of dealing with him is the most appropriate.
Where it appears to the Secretary of State that a person detained in a detention centre is unfit for such detention by reason of his health, without prejudice to any other powers he may have in the matter, he may, after consultation where practicable with the judge by whom or the presiding chairman of the court by which the sentence was passed, release that person ; and he shall then be required to be under supervision in accordance with section 11(1) of this Act.
Section 19 of the Criminal Justice (Scotland) Act 1949 shall cease to have effect.
The term for which a person may be detained in a detention centre shall not exceed three months at a time; and accordingly no court may pronounce an order the effect of which would be that a person would be liable to be detained for more than that period.
Where a court has before it a person convicted of an offence punishable with imprisonment who is serving a sentence of detention in a detention centre or who has been sentenced to and has not yet started to serve such a sentence as aforesaid, it may pass either of the following isentences (subject to the requirements of any enactment relating to those sentences)— and in that event the sentence of detention in a detention centre shall cease to have effect.
a sentence of detention in a young offenders institution, or, if the person is of or over twenty-one years of age, a sentence of imprisonment, for a period not exceeding the aggregate of the unexpired portion of the sentence of detention in a detention centre and the maximum period of detention in a young offenders institution or of imprisonment, as the case may be, which the court may impose for the offence of which it has convicted the person; or
a sentence of borstal training ;
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On the coming into operation of the provisions of section 1 of this Act, the Secretary of State shall have power, in the case of any person who is under twenty-one years of age and who is serving a sentence of imprisonment under which he would not normally be released within the next three months, to transfer that person to a young offenders institution; and for the purposes of this Act and of the Prisons (Scotland) Act 1952, any person so transferred shall be treated as if he had been sentenced to detention in a young offenders institution.
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(a) The enactments referred to in the last foregoing subsection are— the Army Act 1955 the Air Force Act 1955 the Naval Discipline Act 1957,
and any rules made thereunder.
For the purposes of the aforesaid enactments, any reference therein to a like sentence of a civil court shall include, in relation to a person taken to a young offenders institution under the last foregoing subsection, a reference to a sentence of detention in a young offenders institution, and references to a civil prison and to imprisonment and any cognate references shall be construed accordingly.
Subject to the provisions of this section, where a person serving a sentence of detention in a young offenders institution has attained the age of twenty-one years, the Secretary of State shall have power to transfer him to prison.
No person shall be detained in a young offenders institution after he has attained the age of twenty-three years, and accordingly any person so detained shall, not later than the day immediately preceding his twenty-third birthday, be transferred to prison.
Where a person has been transferred to prison under this section, he shall be treated for the purpose of his serving the unexpired part of his sentence and of his supervision on release as if the sentence of detention passed upon him were a sentence of imprisonment for a like term, and the provisions of this Act and of the Prisons (Scotland) Act 1952 relating to the treatment and supervision of prisoners shall apply to him accordingly.
A person detained in a detention centre in pursuance of a sentence under section 7 of this Act, or transferred therefrom to a young offenders institution under section 32 (3) of the Prisons (Scotland) Act 1952, shall, after his release and until the expiration of a period of twelve months from the date of his release, be required to be under the supervision of such person as may be specified in the notice to be given to him by the Secretary of State on his release, and shall, while under that supervision, comply with such other requirements as may be so specified: Provided that the Secretary of State may, at any time, modify or cancel any of the said requirements or order that a person who is under supervision as aforesaid shall cease to be under supervision.
Subject to the provisions of the next following subsection, if before the expiration of the said period of twelve months the Secretary of State is satisfied that a person under supervision under the last foregoing subsection has failed to comply with any requirement for the time being specified in the notice given to him under that subsection, he may, after the commencement of section 1 of this Act, by order recall him to a young offenders institution if the offender has attained the age of seventeen years or, where the offender is less than seventeen years of age, to a detention centre; and thereupon he shall be liable to be detained in that institution or centre until the expiration of the period of fourteen days from the date of his being taken into custody under the order, and if at large he shall be deemed to be unlawfully at large: Provided that—
any such order shall, at the expiration of the said period of twelve months, cease to have effect unless the person to whom it relates is then in custody thereunder; and
a person shall not be recalled more than once under this subsection by virtue of the same sentence under section 7 of this Act.
The power conferred upon the Secretary of State by the last foregoing subsection to recall an offender to a young offenders institution may be exercised in the case of a person who has not attained the age of seventeen years if the Secretary of State is satisfied, having regard to the character and development of the person, that it is appropriate that he should be detained in a young offenders institution.
The Secretary of State may, at any time, release a person who is detained after recall as aforesaid; and the provisions of this section shall apply to a person released by virtue of this subsection, subject to the modification that the period referred to in subsection (1) shall be calculated from the date of his original release.
Where a person who has attained the age of seventeen years is recalled under this section before the commencement of section 1 of this Act, he shall be recalled to a detention centre instead of to a young offenders institution.
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A person detained in a young offenders institution in pursuance of a sentence shall, where the term of his detention is six months or more, after his release and until the expiration of a period of twelve months from the date of his release, be required to be under the supervision of such person as may be specified in the notice to be given to him by the Secretary of State on his release, and shall, while under that supervision, comply with such other requirements as may be so specified : Provided that the Secretary of State may, at any time, modify or cancel any of the said requirements or order that a person who is under supervision as aforesaid shall cease to be under supervision.
The Secretary of State may by order extend the provisions of the last foregoing subsection to persons detained as aforesaid whose term of detention is less than six months but not less than three.
If before the expiration of the said period of twelve months the Secretary of State is satisfied that a person under supervision under subsection (1) of this section has failed to comply with any requirement for the time being specified in the notice given to him under that subsection, he may by order recall him to a young offenders institution; and thereupon he shall be liable to be detained in that institution, and if at large he shall be deemed to be unlawfully at large : Provided that any such order shall, at the expiration of the said period of twelve months, cease to have effect unless the person to whom it relates is then in custody thereunder.
The period for which a person may be detained under the last foregoing subsection shall not exceed three months.
The Secretary of State may, at any time, release a person who is detained under this section; and the provisions of this section shall apply in the case of a person so released subject to the following modifications:—
the period referred to in subsection (1) shall be calculated from the date of his original release; and
the period during which he shall be liable to be detained on further recall shall be the period referred to in subsection (4) reduced by any time during which he has previously been detained under this section.
Where a person sentenced to detention in a young offenders institution, being under supervision after his release from such an institution, is convicted of an offence punishable with imprisonment, the court may, instead of dealing with him in any other manner, make an order for his recall.
An order for the recall of a person made as aforesaid shall have the like effect as an order for recall made by the Secretary of State under section 12 of this Act.
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If it appears to the Secretary of State that a person serving a sentence of imprisonment is a person to whom this section applies, he shall, by notice given to such person in accordance with paragraph 2 of Schedule 1 to this Act, place him under supervision under that Schedule on his release from prison.
Subject to the provisions of subsection (4) thereof, this section applies— but less than three years, who is under the age of twenty-six years at the commencement of the sentence ; but does not apply to a person serving a sentence of imprisonment for life.
to any person serving a sentence of imprisonment for a term of three years or more ;
to any person serving a sentence of imprisonment for a term of not less than six months,
The Secretary of State may by order substitute a lower limit of three months instead of six months in paragraph (b) of subsection (2) above.
This section shall not apply to persons serving a sentence of imprisonment commencing before such date as may be prescribed by order of the Secretary of State under this subsection ; and any such order may prescribe different dates in respect of sentences described in paragraphs (a) and (b) respectively of subsection (2) of this section, and, in respect of sentences comprised in the said paragraph (b), either according to the length of the term of imprisonment under a sentence or to the age of the person on whom it is passed.
Subject to the provisions of this section, the powers of the Secretary of State under the Prisons (Scotland) Act 1952 shall include power to make such arrangements as appear to him to be necessary for the supervision of offenders released from institutions provided under that Act.
The Secretary of State may no longer place offenders under the supervision of the After Care Council in pursuance of section 18(2) of the Prisons (Scotland) Act 1952, and accordingly for that subsection there shall be substituted the following subsection:—.
For the purposes of the First Offenders (Scotland) Act 1960, any order made by a court of summary jurisdiction under section 1 or section 2 of the Criminal Justice (Scotland) Act 1949 (which provide for absolute discharge and probation) shall be treated as a conviction.
For the purpose of determining whether a person is a first offender within the meaning of that Act, a previous conviction shall be disregarded after the expiration of a period of ten years from the date of that conviction, being a period exclusive of any period spent by him in custody under sentence in respect of the conviction.
At any time during the period of a person's detention in an approved school the managers of the school may, and if the Secretary of State so directs shall, release him: Provided that no person shall be released within the first six months of that period without the consent of the Secretary of State.
A person who, after the commencement of this section, is released from an approved school (whether under subsection (1) of this section or at the expiration of the period of his detention, and whether he 'has been released on any previous occasion or not) shall, after his release, be subject to supervision under Part I of Schedule 2 to this Act.
Part II of Schedule 2 to this Act shall have effect for the purpose of enabling the managers of an approved school to exercise certain supervisory powers in relation to a person who has been under their supervision under Part I of that Schedule, if requested by him to do so.
Section 78 of the Children and Young Persons (Scotland) Act 1937 and paragraph 6 of Schedule 2 to that Act (which provisions relate to supervision, licence and recall) shall cease to have effect.
Where, in the case of a person who is detained in an approved school, the managers of that school have decided to bring him before a court of summary jurisdiction under paragraph 8 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937 on the ground of serious misconduct, that person may be dealt with in accordance with the following provisions of this section.
If it appears to a justice of the peace (not being a manager of the approved school), on sworn information laid by or on behalf of the managers of the school, that a person detained in the school, to whom subsection (1) above applies, should be removed therefrom without delay, the justice may issue a warrant authorising the managers or, on cause shown, directing a constable to remove that person to a place specified in the warrant in accordance with the next following subsection, and section 20 (3) of the Summary Jurisdiction (Scotland) Act 1954 (which relates to the bringing of persons in custody before a court) shall apply in relation to a person removed as aforesaid as it applies to a person apprehended under a warrant issued under that section.
Any one of the following places may be specified in a warrant issued for the purposes of the last foregoing subsection, that is to say.— Provided that in the case of the two places last mentioned the managers or, as the case may be, the board of management are willing temporarily to receive the person named in the warrant.
remand home,
remand centre,
police station,
approved school,
hospital :
In this section any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.
It shall no longer be a requirement that the managers of an approved school who bring a person before a court under paragraph 8 of Schedule 2 to the Children and Young Persons (Scotland) Act 1937 on the ground of serious misconduct shall be authorised in that behalf by the Secretary of State.
A court of summary jurisdiction, in exercising its powers under section 70 of the Criminal Justice (Scotland) Act 1949 (which among other things confers certain powers on a court in relation to persons brought before it for serious misconduct while detained in an approved school or for absconding therefrom), shall have the like power to adjourn the case for inquiry, or for any other necessary cause, as it has in relation to the case of an accused or convicted person, and may, during the period of adjournment, commit a person so brought before it to any place (other than a police station) that may be specified for the purposes of section 19 (2) above.
A person committed under this section to an approved school shall, while liable to be detained therein, be treated as if he were so liable by virtue of an approved school order; and, without prejudice to the foregoing provision, the enactments relating to .persons detained in approved schools shall apply in relation to any person so committed as if he were detained in and under the care of the managers of the school in which he was detained before committal.
If it appears to the Secretary of State that the provision made in any approved school with regard to any matter relating to the premises or equipment of the school, the number or grades of the staff employed in the school, or the education, training or welfare of persons under the care of the managers is inadequate or unsuitable, he may give to the managers such directions as he thinks necessary for securing that proper provision is made with respect thereto.
Where it appears to the Secretary of State that the managers of an approved school have failed to give effect to any directions under this section, section 83 (2) of the Children and Young Persons (Scotland) Act 1937 (which empowers the Secretary of State in certain circumstances to withdraw his certificate of approval) shall apply as it applies where he is dissatisfied as mentioned in that section.
The Secretary of State may by order make provision for regulating the constitution and proceedings of the managers of any approved school other than a school provided by a local authority or by a joint committee representing two or more local authorities; and any such order shall have effect notwithstanding anything in any trust deed relating to the school.
Before making an order under the foregoing subsection in respect of any school, the Secretary of State shall afford to the managers of the school an opportunity for making representations with respect to the proposed order; and in making any such order the Secretary of State shall have regard to all the circumstances of the school, and to the manner in which it has been managed theretofore.
In the case of an approved school, other than a school provided by a local authority or by a joint committee representing two or more local authorities, the Secretary of State may appoint one or more persons as additional members of the body constituting the managers of the school; and any person so appointed shall, notwithstanding anything in any trust deed relating to the school or in any order made in respect of the school under subsection (1) of this section, be one of the managers of the school until such time as his appointment is terminated by the Secretary of State or under subsection (4) of this section.
Any order or appointment made under this section in respect of an approved school shall cease to have effect in the event of that school ceasing to be an approved school; but nothing in this subsection shall affect the validity of anything done while the order or appointment was in force.
In this section " trust deed ", in relation to any school, includes any instrument (not being an order under this section) regulating the constitution of the school or its maintenance, management or conduct, or the constitution or proceedings of its managers.
The limit imposed by section 3 of the Summary Jurisdiction (Scotland) Act 1954 upon the amount of the fine which may be imposed by a court of summary jurisdiction other than a sheriff court on convicting a person of a common law offence shall be raised from ten pounds to fifty pounds, and the limit on the amount of caution which any such person as aforesaid may be ordained to find shall be raised from twenty pounds to fifty pounds.
The limit imposed by section 7 (1) of the said Act upon the amount of the fine which may be imposed by the sheriff on summarily convicting any person of a common law offence, and upon the amount of caution which any such person as aforesaid may be ordained to find, shall be raised from twenty-five pounds to one hundred and fifty pounds.
The limit imposed by section 40 of the said Act upon the amount of the fine which may be imposed in substitution of a period of imprisonment shall be raised from twenty-five pounds to one hundred pounds.
The limit imposed by section 33 (1) of the Summary Jurisdiction (Scotland) Act 1954 upon the amount of the fine which may be imposed by a court upon a witness who shall be deemed guilty of contempt of court under that subsection shall be raised from three pounds to twenty-five pounds.
The following sections shall be substituted for sections 42 and 43 of the Summary Jurisdiction (Scotland) Act 1954:—
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For the purpose of enabling transfer of fine orders to be made— the section set out in Part II of Schedule 3 to this Act shall be inserted after section 72 of the Magistrates’ Courts Act 1952.
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by magistrates’ courts in England and Wales in respect of persons residing in Scotland,
Period of imprisonment Amount of fine Not exceeding three months Not exceeding £100 Exceeding three months but not exceeding six months Not exceeding £200 Exceeding six months but not exceeding one year Not exceeding £400 Over one year Such fine as the court may, in its discretion, decide.
Where, in the case of an offender in a borstal institution, detention centre or approved school, or under supervision following release therefrom, who has not made payment of a fine imposed before his being so detained, it appears to the Secretary of State that remission of the fine might assist the rehabilitation of the offender, he may, after consultation where practicable with the judge by whom or the presiding chairman of 'the court by which sentence was passed, remit that fine in whole or in part.
Any rule of law or the provisions of any enactment which enable a previous conviction to be libelled as an aggravation of an offence shall cease to have effect.
Where a person is convicted of an offence, any rule of law which precludes the laying and proof before the court of any previous conviction in respect of that person shall cease to have effect, and the court may have regard to any such conviction in deciding on the disposal of the case.
The provisions of any enactment relating to the laying and proof of previous convictions before a court shall apply to a conviction laid before a court in pursuance of this section.
Nothing in the foregoing provisions of this section shall affect the provisions of any enactment relating to the sentence which a court may pass on a second or subsequent conviction.
A previous conviction may be proved against any person in any criminal proceedings by the production of such evidence of the conviction as is mentioned in this section and by showing that his fingerprints and those of the person convicted are the fingerprints of the same person.
A certificate purporting to be signed by or on behalf of the Chief Constable of Glasgow or the Commissioner of Police of the Metropolis, containing particulars relating to a conviction extracted from the criminal records kept by the person by or on whose behalf the certificate is signed, and certifying that the copies of the fingerprints contained in the certificate are copies of the fingerprints appearing from the said records to have been taken in pursuance of regulations for the time being in force under section 11 of the Prisons (Scotland) Act 1952, or under section 16 of the Prison Act 1952, from the person convicted on the occasion of the conviction or on the occasion of his last conviction, shall be sufficient evidence of the conviction or, as the case may be, of his last conviction and of all preceding convictions and that the copies of the fingerprints produced on the certificate are copies of the fingerprints of the person convicted.
Where a person has been apprehended and detained in the custody of the police in connection with any criminal proceedings, a certificate purporting to be signed by the chief constable concerned or a person authorised on his behalf, certifying that the fingerprints produced thereon were taken from him while he was so detained, shall be sufficient evidence in those proceedings that the fingerprints produced on the certificate are the fingerprints of that person.
A certificate purporting to be signed by or on behalf of the governor of a prison or of a remand centre in which any person has been detained in connection with any criminal proceedings, certifying that the fingerprints produced thereon were taken from him while he was so detained, shall be sufficient evidence in those proceedings that the fingerprints produced on the certificate are the fingerprints of that person.
A certificate purporting to be signed by or on behalf of the Chief Constable of Glasgow, and certifying that the fingerprints, copies of which are certified as aforesaid by or on behalf of the Chief Constable or the Commissioner of Police of the Metropolis to be copies of the fingerprints of a person previously convicted and the fingerprints certified by or on behalf of a chief constable or a governor as aforesaid, or otherwise shown, to be the fingerprints of the person against whom the previous conviction is sought to be proved, are the fingerprints of the same person, shall be sufficient evidence of the matter so certified.
The method of proving a previous conviction authorised by this section shall be in addition to any other method of proving the conviction.
At the end of section 65 of the Summary Jurisdiction (Scotland) Act 1954 (which among other things relates to the procedure in courts of summary jurisdiction on the determination of an appeal) there shall be added the following subsection :—
At the end of section 71 of the Summary Jurisdiction (Scotland) Act 1954 (which relates to the powers of the High Court of Justiciary on the hearing of appeals) there shall be added the following subsection:—
Section 22 of the Criminal Justice (Scotland) Act 1949 (which empowers a court to order certain discharged prisoners to notify their addresses) shall cease to have effect.
Where a court has made an order for the forfeiture of an article, the court or any justice of the peace may, if satisfied on information on oath— issue a warrant of search which may be executed according to law; and for the purposes of this section, any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.
that there is reasonable cause to believe that the article is to be found in any place or premises; and
that admission to the place or premises has been refused or that a refusal of such admission is apprehended,
For section 26 of the Criminal Procedure (Scotland) Act 1887 (which relates to the giving of notice to an accused of the first diet in solemn procedure) there shall be substituted the following section:—
A court, on conviction of a person on indictment, shall have power to correct an error or defect in a notice of previous conviction relating to the person convicted, and accordingly after section 39(1)(e) of the Criminal Justice (Scotland) Act 1949 there shall be inserted .the following paragraph:—
The following provisions of this section shall apply where a court has refused to admit a person to bail or, where a court has so admitted a person, the bail fixed in his case has not been found.
A court shall, on the application of any such person as aforesaid, have power to review its decision to admit to bail or its decision as to the bail fixed and may, on cause shown, admit the person to bail or, as the case may be, fix bail at a lower amount.
An application under this section, where it relates to the original decision of the court, shall not be made before the fifth day after that decision and, where it relates to a subsequent decision, before the fifteenth day thereafter.
Nothing in the provisions of this section shall affect any right of a person to appeal against the decision of a court in relation to admitting to bail or to the bail fixed.
In the foregoing provisions of this section, any reference to bail includes a reference to caution for interim liberation and any reference to admitting to bail shall include a reference to ordering the finding of caution as aforesaid.
A warrant issued in the Isle of Man for the arrest of a person charged with an offence may, after it has been endorsed by a justice of the peace in Scotland, be executed there by the person bringing that warrant, by any person to whom the warrant was originally directed or by any officer of law of the county or place where the warrant has been endorsed as aforesaid in like manner as any such warrant issued in Scotland.
In this section—
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”.
" justice of the peace " includes a sheriff and a magistrate ;
" officer of law " includes a constable within the meaning of the Police (Scotland) Act 1956, a sheriff officer, prison officer and any other person having authority to execute a warrant of court.
A warrant issued in Scotland for the apprehension of a person charged with an offence may be executed in England and Wales by any constable acting within his police area; and subsections (3) and (4) of section 102 of the Magistrates' Courts Act 1952 (execution on Sunday and execution without possession of the warrant) shall apply to the execution in England and Wales of any such warrant.
A warrant issued in England and Wales for the arrest of a person charged with an offence may be executed in Scotland by any constable appointed for a police area in like manner as any such warrant issued in Scotland.
A warrant may be executed by virtue of this section whether or not it has been endorsed under section 14 or section 15 of the Indictable Offences Act 1848.
Nothing in this section affects the execution in Scotland of a warrant to which section 123 of the Bankruptcy Act 1914 applies.
Section 12 of the Metropolitan Police Act 1839 shall cease to have effect.
Nothing in section 6(3) (extent) of the Magistrates' Courts Act 1957 or in the Summary Jurisdiction (Process) Act 1881 shall be construed as precluding the service in Scotland, with a summons which is so served under the said Act of 1881, of any such notice or statement as is mentioned in subsection (1) of section 1 of the said Act of 1957 (plea of guilty in absence of accused).
A warrant of apprehension issued by the sheriff, to which section 25 of the Sheriff Courts (Scotland) Act 1838 applies, may be executed throughout Scotland in like manner as it may be executed within his jurisdiction, and accordingly the proviso to the said section 25 (which proviso restricts the execution of such a warrant without endorsation) shall cease to have effect.
Section 6 of the Prevention of Crimes Act 1871 (which among other things provides for the keeping of a register for Scotland of all persons convicted of crimes, to be kept in Edinburgh) shall, so far as it relates to Scotland, cease to have effect.
The power to make rules conferred on the High Court of Justiciary by section 76(1) of the Summary Jurisdiction (Scotland) Act 1954 shall, without prejudice to the generality of that subsection, include power to make provision for the manner in which an accused person or witness may be cited in any proceedings under that Act, and accordingly section 18(3) of that Act (which regulates citation) shall cease to have effect.
For the removal of doubt it is hereby declared that it is competent to prosecute summarily in the sheriff court crimes of robbery and assault with intent to rob.
In paragraphs (c), (d) and (e) of section 4(2) of the Summary Jurisdiction (Scotland) Act 1954 (which subsection places certain restrictions on the jurisdiction of a court of summary jurisdiction other than the sheriff court)—
the limit on the amount involved in certain offences specified shall be raised from ten pounds to twenty-five pounds; and
for the restriction by reference to two previous convictions of any offence inferring dishonest appropriation of property there shall be substituted a restriction by reference to one previous conviction of such an offence.
The maximum period for which a court of summary jurisdiction may continue a case on special cause shown under section 21 of the Summary Jurisdiction (Scotland) Act 1954 shall be increased from fourteen days to twenty-one days.
For the removal of doubt it is hereby declared that it is competent for any Scottish court to defer sentence after conviction for a period and on such conditions as the court may determine.
Any power of the Secretary of State to make orders under this Act (other than orders made under section 11, section 12(1) or (3) or section 22) shall be exercisable by statutory instrument.
A statutory instrument containing an order under section 12(2) or section 14 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say :—
" fine " includes an instalment of a fine;
For section 48 there shall be substituted the following section:—
References in this Act to a court do not include references to a court-martial; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a court-martial under the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955 for a civil offence within the meaning of those Acts.
For the purposes of any reference in this Act to a term of imprisonment or to a term of detention in a young offenders institution, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.
References in this Act to an offence punishable with imprisonment shall be construed in relation to any offender without regard to any prohibition or restriction imposed by section 1 of this Act and by section 18 (1) of the Criminal Justice (Scotland) Act 1949 (which subsection prohibits the imprisonment of persons under seventeen years of age) upon the imprisonment of offenders of his age.
Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.
The enactments described in Schedule 5 to this Act shall have effect subject to the amendments specified therein, being minor amendments and amendments consequential on the foregoing provisions of this Act.
The enactments described in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
The amendment or repeal by this Act of any enactment described in the said Schedule 5 or Schedule 6 (except the amendment to section 33(4) of the Prisons (Scotland) Act 1952 relating to young offenders institutions) shall not extend to that enactment in so far as it applies to any person—
by virtue of his having been sentenced to borstal training before the commencement of section 4 of this Act; or
by virtue of his having been released from an approved school before, and not having again been so released after, the commencement of section 18 of this Act.
The following provisions of this Act shall extend to England and Wales, that is to say:— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 52; Schedules 3, 5 and 6, so far as they relate to enactments which extend to England and Wales.
The following provisions of this Act shall extend to Northern Ireland and the Channel Islands, that is to say— section 52; Schedule 5, so far as it relates to enactments which extend to Northern Ireland and the Channel Islands.
The following provisions of this Act shall extend to the Isle of Man, that is to say— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 52; Schedule 5, so far as it relates to enactments which extend to the Isle of Man.
Save as aforesaid, and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall extend only to Scotland.
There shall be paid out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums which, under any other enactment, are payable out of moneys so provided.
There shall be defrayed out of the Consolidated Fund of the United Kingdom and out of moneys provided by Parliament respectively any increase attributable to section 49 of this Act in the sums required to be so defrayed.
The foregoing provisions of this Act (including the Schedules therein referred to) shall come into operation on such date as the Secretary of State may by order appoint.
Different dates may be appointed by order under this section for different purposes of this Act; and any reference in this Act to the commencement of any provision of this Act shall be construed as a reference to the date appointed for the purposes of that provision.
This Act may be cited as the Criminal Justice (Scotland) Act 1963.
Section 14.
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to keep in touch with his supervising officer in accordance with such instructions as may from time to time be given by that officer; and
to comply with the directions of his supervising officer as to conduct; and
to comply with such other requirements as may be specified in the notice of supervision given to him under this Schedule.
Before the release of any such person from prison, the Secretary of State shall cause to be given to him a notice (in this Schedule referred to as a notice of supervision) giving the name and address of the person who is to be his supervising officer in the first instance, and specifying the requirements with which he has to comply while under supervision; and a notice given to any person under this paragraph shall contain a statement that it is given to him as falling within a specified class of the persons to whom section 14 of this Act for the time being applies.
At any time during the period referred to in paragraph 1 of this Schedule the Secretary of State may, by notice in writing given to a person under supervision as aforesaid.—
discharge him from supervision, or
replace as from a specified date his supervising officer by another supervising officer whose name and address shall be specified in that notice, or
cancel or modify any other of the requirements specified in his notice of supervision.
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Proceedings for an order under the last foregoing paragraph may be brought before a sheriff having jurisdiction in the area in which the supervising officer carries out his duties.
A warrant issued for the purposes of proceedings for an order under paragraph 4 above may, if the person laying the information so requests, bear an endorsement requiring any constable charged with its execution to communicate with the Secretary of State before arresting the person under supervision if the constable finds that that person is earning an honest livelihood or that there are other circumstances which ought to be brought to the notice of the Secretary of State.
Where a person while under supervision under this Schedule is convicted, whether on indictment or summarily, of an offence for Which the court has power to pass sentence of imprisonment, the court may, instead of dealing with him in any other manner, make such an order as could be made by a sheriff under paragraph 4 of this Schedule in proceedings for such an order.
The Secretary of State may at any time release from prison a person who has been sent back to prison under paragraph 4 or paragraph 7 of this Schedule ; and the provisions of this Schedule shall apply to a person released by virtue of this paragraph, subject to the following modifications :—
that the period of twelve months referred to in paragraph 1 shall be calculated from the date of his original release; and
in relation to any further order for sending him back to prison under this Schedule, the period referred to at paragraph 4(2)(a) shall be reduced by any time during which he has been detained by virtue of the previous order.
In any proceedings, a certificate purporting to be signed by or on behalf of the Secretary of State and certifying— shall be sufficient evidence of the matters so certified ; and the fact that a notice of supervision was given to any person shall be sufficient evidence that he was a person to whom section 14 of this Act applies.
that a notice of supervision was given to any person in the terms specified in the certificate and on the date so specified; and
either that no notice has been given to him under paragraph 3 of this Schedule or that a notice has been so given in the terms specified in the certificate,
For the purposes of Part III of the Criminal Justice Act 1961, a person who has been sent back to prison under paragraph 4 or paragraph 7 of this Schedule, and has not been released again, shall be deemed to be serving part of his original sentence, whether or not the term of that sentence has in fact expired.
In relation to proceedings in England and Wales or in Northern Ireland, sections 214(1) to (6) and 423(1) to (6) of the Criminal Procedure (Scotland) Act 1975 shall not apply, but paragraphs 5 to 10 of Schedule 3 to the Criminal Justice Act 1961 shall apply as they apply in relation to proceedings in England and Wales and Northern Ireland respectively in respect of a person under supervision under that Schedule, subject to the modification that in paragraph 5 of the said Schedule 3 for sub-paragraphs (a) and (b) there shall be substituted paragraphs (a) and (b) of section 214(2) or 423(2) of the said Act of 1975.
Where an order is made by any court in England and Wales or Northern Ireland under the enactments applied by the last foregoing paragraph sending back to prison a person under supervision, the court shall commit him to a prison in England and Wales or in Northern Ireland, as the case may be; but the responsible Minister within the meaning of section 26 of the Criminal Justice Act 1961 may, without application in that behalf, make at any time an order under that section transferring him to a prison in Scotland.
In relation to a person detained by virtue of such an order as aforesaid in a prison in Northern Ireland, section 214(7) or 423(7) of the Criminal Procedure (Scotland) Act 1975 . . . shall have effect as if for references to the Secretary of State there were substituted references to the Department of Home Affairs for Northern Ireland.
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 . . . section 214 or 423 of the Criminal Procedure (Scotland) Act 1975 to any of the Channel Islands or to the Isle of Man.
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 section 214 or 423 of the Criminal Procedure (Scotland) Act 1975 as they apply to such warrants as aforesaid.
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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. 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.
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. 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.
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.
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.
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.
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. 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.
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.
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.
Section 26
For section 44 there shall be substituted the following section:—
After section 72 there shall be inserted the following sections:—
In section 86 (1)(b), for the words " or on licence " there shall be substituted the words " or under supervision ".
In section 50, at the end there shall be added the following subsection:—
Section 52.
In section 11 (2), the words " for his use " shall be omitted.
In section 11(2), the words “for his use” shall be omitted.
In section 86(1)(b), for the words “or on licence” there shall be substituted the words “or under supervision”.
In section 87—in subsection (1), after the word “Act”, there shall be inserted the words “and of the Criminal Justice (Scotland) Act 1963”;in subsection (3), for the words “on licence” there shall be substituted the words “under supervision”, and after the word “Act” there shall be inserted the words “and of the Criminal Justice (Scotland) Act 1963”.
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”.
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 31— in subsection (1), at the end of paragraph (b) the word " and " shall be omitted; in subsections (3) and (4) (other than paragraph (iv) of the proviso to subsection (4)), after the words " detention centre" or " detention centres", wherever occurring, there shall be inserted respectively the words " young offenders institution " and " young offenders institutions", and in the said paragraph (iv) for the words " or detention centres" there shall be substituted the words " detention centres or young offenders institutions " .
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”.
Section 52 Session and Chapter Short Title Extent of Repeal 1 & 2 Vict. c. 119. The Sheriff Courts (Scotland) Act 1838. In section 25, the proviso. 2 & 3 Vict. c. 47. the Metropolitan Police Act 1839. Section 12. 34 & 35 Vict. c. 112. The Prevention of Crimes Act 1871. Section 6, so far as relating to Scotland. 50 & 51 Vict. c. 35. The Criminal Procedure (Scotland) Act 1887. In section 67, the words from “but where” to the end of the section. 16 & 17 Geo. 5. c. 15. The Criminal Appeal (Scotland) Act 1926. In section 11(2), the words “for his use”. 1 Edw. 8 & 1 Geo. 6. c. 37. The Children and Young Persons (Scotland) Act 1937. In section 86(1)(b), the words “or upon the revocation of his licence”. In section 91(5), the words “on licence or”. In Schedule 2, paragraph 6; in paragraph 8, the words from “if authorised” to the words “so to do”; and in paragraph 12, the words “on licence or”, in both places where they occur. 8 & 9 Geo. 6. c. 41. The Family Allowances Act 1945. In section 26(3), the words from the beginning of the subsection to the words “seventy-eight thereof;”. 12, 13 & 14 Geo. 6. c. 94. The Criminal Justice (Scotland) Act 1949. In section 9(5), the words “which constitutes an aggravation of the first mentioned offence”. Section 18(2) to (5). sections 19 and 22. In section 39(1), in paragraph (b), the words “as an aggravation of any charge contained in the indictment”; in paragraph (d), the words “as an aggravation of the charge”. In section 70(2), the words “and to supervision and recall”. In Schedule 7, in Form No. 1, the words “as aggravations of the said charge”. 15 & 16 Geo. 6. & 1 eliz. 2. c. 55. the Magistrates’ Courts Act 1952. Section 119(2). 15 & 16 Geo. 6. & 1 Eliz. 2. c. 61. The Prisons (Scotland) Act 1952. In section 9, the words “the whole o f”. In section 20 subsections (2) to (6). Section 23. Section 31(4)(a). Schedule 1. 2 & 3 Eliz. 2. c. 48. The Summary Jurisdiction (Scotland) Act 1954. Section 2, so far as relating to sections 63 to 65 of the Criminal Procedure (Scotland) Act 1887. Section 18(3). In section 22, the second sentence. Section 31(5). Section 49(2). In Schedule 1, the incorporation of sections 63 and 65 of the Criminal Procedure (Scotland) Act 1887. 8 & 9 Eliz. 2. c. 23. The First Offenders (Scotland) Act 1960. Section 1(4). 9 & 10 Eliz. 2. c. 39. The Criminal Justice Act 1961. In Schedule 4, the amendment of section 6 of the Children Act 1948. In Schedule 5, the repeal in section 6 of the Children Act 1948. 10 & 11 Eliz. 2. c. 59. The Road Traffic Act 1962. Section 39.
Short Title Session and Chapter Sheriff Courts (Scotland) Act, 1838 1 & 2 Vict. c. 119. Metropolitan Police Act, 1839 2 & 3 Vict. c. 47. Indictable Offences Act, 1848 11 & 12 Vict. c. 42. Prevention of Crimes Act, 1871 34 & 35 Vict. c. 112. Summary Jurisdiction (Process) Act, 1881 44 & 45 Vict. c. 24. Criminal Procedure (Scotland) Act, 1887 50 & 51 Vict. c. 35. Summary Jurisdiction (Scotland) Act, 1908 8 Edw. 7. c. 65. Bankruptcy Act, 1914 4 & 5 Geo. 5. c. 59. Criminal Appeal (Scotland) Act, 1926 16 & 17 Geo. 5. c. 15. Children and Young Persons (Scotland) Act, 1937 1 Edw. 8 & 1 Geo. 6. c. 37. Criminal Justice Act, 1948 11 & 12 Geo. 6. c. 58. Administration of Justice (Scotland) Act, 1948 12, 13 & 14 Geo. 6. c. 10. Legal Aid (Scotland) Act, 1949 12, 13 & 14 Geo. 6. c. 63. Criminal Justice (Scotland) Act, 1949 12, 13 & 14 Geo. 6. c. 94. Prison Act, 1952 15 & 16 Geo. 6 & 1 Eliz. 2. c. 52. Magistrates' Courts Act, 1952 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55. Prisons (Scotland) Act, 1952 15 & 16Geo.6&lEliz. 2.c. 61. Summary Jurisdiction (Scotland) Act, 1954 2 & 3 Eliz. 2. c. 48. Army Act, 1955 3 & 4 Eliz. 2. c. 18. Air Force Act, 1955 3 & 4 Eliz. 2. c. 19. Police (Scotland) Act, 1956 4 & 5 Eliz. 2. c. 26. Magistrates' Courts Act, 1957 5 & 6 Eliz. 2. c. 29. Naval Discipline Act, 1957 5 & 6 Eliz. 2. c. 53. First Offenders Act, 1958 6 & 7 Eliz. 2. c. 31. First Offenders (Scotland) Act, 1960 8 & 9 Eliz. 2. c. 23. Mental Health (Scotland) Act, 1960 8 & 9 Eliz. 2. c. 61. Criminal Justice Act, 1961 9 & 10 Eliz. 2. c. 39.