Criminal Justice Act 1961

SCHEDULES

Section 13.

FIRST SCHEDULE Supervision of Persons Released from Detention Centres

1 A person detained in a detention centre in pursuance of an order under section four of this Act shall, after his release and until the expiration of the period of twelve months from the date of his release, be under the supervision of such society or person as may be specified in a notice to be given to him by the Prison Commissioners on his release, and shall, while under that supervision, comply with such requirements as may be so specified :

Provided that the Prison Commissioners 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.

2 If before the expiration of the said period of twelve months the Prison Commissioners are satisfied that a person under supervision under the foregoing paragraph has failed to comply with any requirement for the time being specified in the notice given to him under that paragraph, they may by order recall him to a detention centre ; and thereupon he shall be liable to be detained in the detention centre until the expiration of a period equivalent to that part of his term which was unexpired on the date of his release from the detention centre, or until the expiration of the period of fourteen days from the date of 'his being taken into custody under the order, whichever is the later, and, if at large, shall be deemed to be unlawfully at large:

Provided that—

(a) a person shall not be recalled more than once under this paragraph by virtue of the same order under section four of this Act; and

(b) an order under this paragraph 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.

3 The Prison Commissioners may at any time release a person who is detained in a detention centre under paragraph 2 of this Schedule.

Section 14.

SECOND SCHEDULE Supervision of Persons Released from Approved Schools

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:

Provided that a person who has attained the age of nineteen shall not be recalled under this paragraph without the consent of the Secretary of State.

(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 twenty-one.

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 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 fourteen 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 England and Wales 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 Act, 1933, 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 the Fourth Schedule to the Children and Young Persons Act, 1933, 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 England and Wales, he shall remain subject to supervision under Part I of this Schedule, but as from the time of this transfer he shall be under the supervision of the managers of that other school, and Parts I and U 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 csases to be under their supervision otherwise than by reason of his toeing transferred as mentioned in sub-paragraph (1) of paragraph 6 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 fourteen 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.

Sections 20 and 32.

THIRD SCHEDULE Supervision of Certain Discharged Prisoners

PART I Supervision within England and Wales

General Provisions

1 Subject to the provisions of this Schedule, every person to whom section twenty of this Act applies shall, after his release from prison and until the expiration of the period of twelve months from the date of his release, be under the supervision of the Society, and shall, while under that supervision—

(a) keep in touch with his (supervising officer in accordance with such instructions as may from time to time be given by that officer; and

(b) comply with such other requirements as may be specified in the notice of supervision given to him under this Schedule.

2 Before the release of any such person from prison, the Prison Commissioners 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 '(being an officer of the Society or a probation officer) who is to be his supervising officer in the first instance, and specifying any requirements, including the requirement to keep in touch with that officer, 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 twenty of this Act for the time being applies.

3 At any time during the period for which a person is subject to supervision under this Schedule (in this Schedule referred to as the period of supervision) his supervising officer may be replaced by another supervising officer (being an officer of the Society or a probation officer) named in a notice in writing given to the person under supervision by his then supervising officer or by any other person qualified to be named as his supervising officer ; and any such notice shall specify the address of the new supervising officer and the date from which he is to act as such.

4 The Prison Commissioners may, by notice in writing served on the Society at any time during the period of supervision—

(a) discharge from supervision any person to whom a notice of supervision has been given ; or

(b) cancel or modify any of the requirements specified in such a notice in pursuance of sub-paragraph (b) of paragraph 1 of this Schedule ;

and where a notice is served under this paragraph in respect of any person it shall be the duty of the Society to inform that person of the terms of the notice.

Return to prison in case of breach of supervision

5 Any person who, being under supervision under this Schedule, fails to comply with any of the requirements imposed on him thereunder may be sent back to prison by order of a magistrates' court for such term as may be specified in that order, not exceeding whichever is the shorter of the following, that is to say—

(a) a period equal to one third of the term of imprisonment to which he was originally sentenced, or, if that period exceeds six months, a period of six months ;

(b) a period equal to so much of the period of supervision as was unexpired at the date of the laying of the information by which the proceedings were commenced.

6 Subject to the following provisions of this Schedule, the Magistrates' Courts Act, 1952, and any other enactment relating to summary proceedings, shall apply in relation to proceedings for an order under paragraph 5 above as they apply in relation to proceedings in respect of a summary offence, and references in those enactments to an offence, trial, conviction or sentence shall be construed accordingly.

7 Proceedings for an order under paragraph 5 above may be brought in a magistrates' court for any county or borough in which the supervising officer carries out his duties; but no summons or warrant shall be issued for the purposes of such proceedings under section one of the Magistrates' Courts Act, 1952, except upon information laid by or on behalf of the Prison Commissioners.

8 A warrant issued under the said section one for the purposes of proceedings for an order under the said paragraph 5 may, If the person laying the information so requests, bear an endorsement requiring any constable charged with its execution to communicate with the Prison Commissioners 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 Commissioners.

9 If, on the hearing of any such proceedings, the court is satisfied that the person under supervision has failed to comply with any of the requirements of his supervision but is of opinion, having regard to all the circumstances of the case, that it is unnecessary or inexpedient to send him back to prison, the court may make no order in the case.

10 If any 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 any order which could be made by a magistrates' court under paragraph 5 of this Schedule in proceedings for such an order.

11 The Prison Commissioners may at any time release from ' prison a person who has been sent back to prison under paragraph 5 or paragraph 10 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:—

(a) the period of twelve months referred to in paragraph 1 shall be calculated from the date of his original release ; and

(b) in relation to any further order for sending him back to prison under this Schedule, the period referred to at sub-paragraph (a) of paragraph 5 shall be reduced by any time during which he has been detained by virtue of the previous order.

Supplementary

12 In any proceedings, a certificate purporting to be signed by or on behalf of the Prison Commissioners and certifying—

(a) that a notice of supervision was given to any person in the terms specified in the certificate and on a date so specified ; and

(b) either that no notice has been served in respect of him under paragraph 4 of this Schedule or that a notice has been so served in the terms specified in the certificate,

shall be evidence of the matters so certified and, if the term of imprisonment which he was serving until his release is stated in the notice of supervision, shall be evidence of the length of that term; and the fact that a notice of supervision was given to any person shall be evidence that he was a person to whom section twenty of this Act applies.

13 In any proceedings, a certificate purporting to be signed by an officer of the Society or a probation officer and certifying—

(a) that on a date specified in the certificate he gave to the person named in the certificate a notice under paragraph 3 of this Schedule in the terms so specified; or

(b) that on a date specified in the certificate he informed the person named in the certificate of the terms of a notice served on the Society under paragraph 4 of this Schedule,

shall be evidence of the matter so certified and, in the case of a certificate under sub-paragraph (b) above, of the service and terms of the notice under the said paragraph 4.

14 In this Schedule " the Society " means the Central After-Care Association, or such other society as may from time to time be designated by the Secretary of State as the Society for the purposes of this Schedule.

15 Any notice to be served under paragraph 4 of this Schedule may be served by post.

16 For the purposes of Part III of this Act, a person who has been sent back to prison under paragraph 5 or paragraph 10 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.

PART II Modification of Part I as Extended Outside England and Wales

Scotland

17 In relation to anything falling to be done in Scotland under Part I of this Schedule, for the words " an officer of the Society or a probation officer ", wherever they occur, there shall be substituted the words " an officer of the Society or any other person, including a probation officer in Scotland, authorised by the Society ".

18 In relation to proceedings in Scotland, paragraph 5 of this Schedule shall have effect as if for the reference to a magistrates' court there were substituted a reference to the sheriff, and references in paragraphs 9 and 10 to the court and to a magistrates' court shall be construed accordingly ; in paragraph 8 the words " under the said section one " shall be omitted ; and the following shall be substituted for paragraphs 6 and 7:—

“6 Proceedings for an order under paragraph 5 above shall be commenced by sworn information laid by or on behalf of the Prison Commissioners before a sheriff having jurisdiction in the area in which the supervising officer carries out his duties ; and upon any such information the sheriff may issue a warrant for the arrest of the person under supervision or may, if he thinks fit, instead of issuing such a warrant in the first instance, issue a citation requiring that person to appear before him at such time as may be specified in the citation.

7 If the sheriff before whom a person appears or is brought under the last foregoing paragraph is satisfied that that person has failed to comply with any of the requirements of his supervision, the sheriff may make an order under the said paragraph 5 accordingly”.

19 In any proceedings in Scotland, a certificate or notice which, under paragraph 12 or paragraph 13 of this Schedule, is evidence of any matter shall be sufficient evidence of that matter.

20 Where an order is made by any court in Scotland under paragraph 5 or paragraph 10 of this Schedule sending back to prison a person under supervision, the court shall commit him to a prison in Scotland ; but the Secretary of State may, without application in that behalf, make at any time an order under section twenty-six of this Act transferring him to a prison in England.

21 In relation to a person detained by virtue of an order under the said paragraph 5 or paragraph 10 in a prison in Scotland, paragraph 11 (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 Prison Commissioners there were substituted references to the Secretary of State.

Northern Ireland

22 In relation to anything falling to be done in Northern Ireland under Part I of this Schedule, any reference to a probation officer shall be construed as a reference to a probation officer in Northern Ireland.

23 In relation to proceedings in Northern Ireland, paragraphs 5 to 10 of this Schedule shall have effect as if—

(a) for references to a magistrates' court there were substituted references to a court of summary jurisdiction ;

(b) for references to the Magistrates' Courts Act, 1952 (except references to section one of that Act) there were substituted references to the Summary Jurisdiction Acts (Northern Ireland); and

(c) for references to the said section one there were substituted references to section eleven of the Petty Sessions (Ireland) Act, 1851.

24 Where an order is made by a court in Northern Ireland under paragraph 5 or paragraph 10 of this Schedule sending back to prison a person under supervision, the court shall commit him to a prison in Northern Ireland ; but the Minister of Home Affairs may, without application in that behalf, make at any time an order under section twenty-six of this Act transferring him to a prison in England.

25 In relation to a person detained by virtue of an order under the said paragraph 5 or paragraph 10 in a prison in Northern Ireland, paragraph 11 (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 Prison Commissioners there were substituted references to the Ministry of Home Affairs for Northern Ireland.

Channel Islands and Isle of Man

26 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

27 In relation to anything falling to be done outside England and Wales, any reference to the Society in Part I of this Schedule shall (subject to any Order in Council under paragraph 26 of this Schedule) be construed as a reference to the Society within the meaning of paragraph 14 of this Schedule or such other society as may be designated for the purpose by the Secretary of State ; and different societies may be designated under this paragraph for different purposes of the said Part I, or for any purpose of that Part in its application to persons of different classes or in different circumstances.

28 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.

Section 41.

FOURTH SCHEDULE Minor and Consequential Amendments

Enactment	Amendment
The Children and Young Persons Act, 1933. 23 & 24 Geo. 5. c. 12.	In section fifty-three, in subsection (2), after the words " detained for such period" there shall be inserted the words " , not exceeding the maximum term of imprisonment with which the offence is punishable in the case of an adult, "; and in subsection (4), after the words " at any time ", in the second place where those words occur, there shall be inserted the words " by notice in writing ", and for the words from " shall return " to the end of the subsection there shall be substituted the words " shall, if at large, be deemed to be unlawfully at large."
	For section fifty-four there shall be substituted the following section— “54 (1) In any case where a court has power, or would have power but for the statutory restrictions upon the imprisonment of young offenders,— (a) to pass sentence of imprisonment on a child or young person found guilty of an offence; or (b) to commit a child to prison for any default, the court may, if it considers that no other method of dealing with him is suitable, commit him to custody in a remand home: Provided that a young person shall not be committed to custody in a remand home by virtue of paragraph (a) of this subsection if the court has power under section four of the Criminal Justice Act, 1961, to make an order for the detention in a detention centre of a person of his age and sex. (2) The term for which a person may be committed to custody in a remand home under this section shall not exceed the maximum term for which he could (or could but for any such restrictions) have been sentenced to imprisonment or committed to prison, as the case may be, and shall not in any case exceed one month. (3) This section applies in relation to the fixing of a term of imprisonment to be served in the event of default of payment of a fine or other sum of money as it applies in relation to committal to prison in default of such payment. (4) In this section ' the statutory restrictions upon the imprisonment of young offenders ' and ' default' have the same meaning as in the Criminal Justice Act, 1961”
	In section seventy-two, in subsection (4), for the words " two months " there shall be substituted the words " six months ", and for the words " twenty pounds " there shall be substituted the words " one hundred pounds ".
	In section seventy-eight, in subsection (4), for the words " two months " there shall be substituted the words " six months ", and for the words " twenty pounds" there shall be substituted the words " one hundred pounds ".
	In section eighty-two, in subsection (1), for the words " or on licence " there shall be substituted the words " or under supervision " ; and in subsection (4), for the words " two months " there shall be substituted the words " six months ", and for the words " twenty pounds " there shall be substituted the words " one hundred pounds ".
	In section eighty-three, in subsection (1), after the word "Act" there shall be inserted the words " and of the Criminal Justice Act, 1961, "; and 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 Act, 1961, ".
	In section eighty-eight, in subsection (4), in paragraph (b) after the word " supervision " there shall be inserted the words " or has been removed under section sixteen of the Criminal Justice Act, 1961, to a borstal institution ".
	In the Fourth Schedule, in paragraph 9, in sub-paragraph (2), after the word " aforesaid " there shall be inserted the words " or removed under section sixteen of the Criminal Justice Act, 1961, to a borstal institution "; in sub-paragraph (3), for the words " this Act shall have effect" there shall be substituted the words " this Act and the Criminal Justice Act, 1961, shall have effect "; and in paragraph 12, in sub-paragraph (3), at the end there shall be added the words " or as authorised by paragraph 7 of the Second Schedule to the Criminal Justice Act, 1961 ".
The Children and Young Persons Act, 1938. 1 & 2 Geo. 6. c. 40.	In section six, in subsection (2), after the words " Criminal Justice Act, 1948 " there shall be inserted the words " or under section five, section fifteen or subsection (2) of section seventeen of the Criminal Justice Act, 1961. ".
The Family Allowances Act, 1945. 8 & 9 Geo. 6. c. 41.	In section eleven, in subsection (1), in paragraph (a), for the words from " or seventy-four " to the end of the paragraph there shall be substituted the words " of that Act or Part I of the Second Schedule to the Criminal Justice Act, 1961, and the child is not absent from the school under supervision; ".
The Children Act, 1948. 11 & 12 Geo. 6. c. 43.	In section six, in subsection (4), for the words " under section seventy-four of the said Act of 1933 " there shall be substituted the words " under Part I of the Second Schedule to the Criminal Justice Act, 1961 ", and for the words " the said section seventy-four or " there shall be substituted the words " the said Part I or the said section ".
The Criminal Justice Act, 1948. 11 & 12 Geo. 6. c. 58.	Section eighteen shall cease to have effect.
	In section nineteen, in subsection (1), for the words " section seventeen of this Act or subsections (2) to (6) of section one hundred and seven of the Magistrates' Courts Act, 1952 " there shall be substituted the words " the statutory restrictions upon the imprisonment of young offenders ", and for the word " twelve ", in the first place where that word occurs, there shall be substituted the word " ten ".
	In section twenty, in subsection (1), for the word " sixteen " there shall be substituted the word " fifteen " and for the words from " and the court " to " Borstal institution " there shall be substituted the words " and a sentence of borstal training is available in his case under subsection (2) of section one of the Criminal Justice Act, 1961, "; and in subsection (5), in paragraph (a), for the words " if satisfied of the matters mentioned in subsection (1) of this section " there shall be substituted the words " if a sentence of borstal training is available in his case under subsection (2) of section one of the Criminal Justice Act, 1961, ", and in paragraph (b), for the words from " that in subsection (2) " to the end of the paragraph there shall be substituted the words " specified in subsections (4) and (5) of section eighteen of the Legal Aid and Advice Act, 1949; ".
	In section thirty-eight, in subsection (4), for the words " the Second Schedule to this Act" there shall be substituted the words " section forty-five of the Prison Act, 1952 ".
	In section thirty-nine, in subsection (2), for the words " in pursuance of section eight of the Penal Servitude Act, 1891 " there shall be substituted the words " under or by virtue of any enactment in that behalf in force in any part of the United Kingdom (including an enactment of the Parliament of Northern Ireland) ".
	In section forty-eight, in subsection (2), for the word " twelve " there shall be substituted the word " ten ".
	In section fifty-two, subsection (2) shall cease to have effect.
	In section seventy-two, in subsection (1), for the words " in whose case an approved school order has been made " there shall be substituted the words " who has been ordered to be sent to an approved school ", after the word " original" there shall be inserted the words " approved school or other " and for the words " sixteen years " there shall be substituted the words " fifteen years "; and in subsection (2), after the word " school ", where it first occurs, there shall be inserted the words " or other ", and for the words " seventy-three and seventy-four " there shall be substituted the words " and seventy-three ".
	In section eighty, in subsection (1), in the definition of " Sentence ", after the word " 1933 " there shall be inserted the words " or section five of the Criminal Justice Act, 1961 " , and after that definition there shall be inserted the following definition:— ‘The statutory restrictions upon the imprisonment of young offenders ' has the same meaning as in the Criminal Justice Act, 1961’; and in subsection (4), for the words " this Act or section one hundred and seven of the Magistrates' Courts Act, 1952 " there shall be substituted the words " any enactment ".
The Prison Act, 1952. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 52.	In section thirteen, at the end of subsection (2) there shall be added the words " and while he is being taken to any place to which he is required or authorised by or under this Act to be taken, or is kept in custody in pursuance of any such requirement or authorisation ".
	In section twenty-five, in subsection (2) after the word " sentence ", in the second place where it occurs, there shall be inserted the words " and is not a person to whom section twenty of the Criminal Justice Act, 1961, applies " ; in subsection (3) at the end there shall be inserted the words " or order that a person who is under supervision as aforesaid shall cease to be under supervision. " ; and for subsection (7) there shall be substituted the following subsection:— “(7) A person who is committed to prison in default of payment of a sum adjudged to be paid by a conviction shall be treated for the purposes of subsection (1) of this section, but not for the purpose of subsection (2) thereof, as undergoing a sentence of imprisonment for the term for which he is committed, and consecutive terms of imprisonment shall be treated for all the purposes of this section as one term.”
	In section thirty-nine for the words " two years " there shall be substituted the words " five years ".
	In section forty-three, in subsection (1), in paragraph (b), after the words " the Criminal Justice Act, 1948 " there shall be inserted the words " or the Criminal Justice Act, 1961, " and in paragraph (c), for the word " sixteen " there shall be substituted the word " fifteen ".
	In section forty-four, in subsection (1), for the words " three years ", in both places where those words occur, there shall be substituted the words " two years "; and in subsection (2), after the word " Act" there shall be inserted the words " and of the Criminal Justice Act, 1961 ".
	In section forty-five, in subsection (2), for the words " three years " there shall be substituted the words " two years " and for the words " nine months" there shall be substituted the words " six months "; in subsection (3), for the words " four years from the date of his sentence " there shall be substituted the words " two years from the date of his release "; in subsection (4), for the words " four years from the date of his sentence " (where they first occur) there shall be substituted the words " two years from the date of his release ", and for the words " three years " there shall be substituted the words " two years "; in the proviso to subsection (4), in paragraph (a), for the words " four years from the date of the sentence" there shall be substituted the words " two years from the date of his release ", and in paragraph (b), for the words " and the preceding " to the end of the paragraph there shall be substituted the words " and the provisions of subsection (3) of this section and the preceding provisions of this subsection 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 as references to the period of two years from the date of his original release. "; and in subsection (5), after the words " as aforesaid " there shall be inserted the words " or after being ordered to be returned to a borstal institution under section twelve of the Criminal Justice Act, 1961 ".
	In section forty-seven, in subsection (5), for the words from " serving " to the end of the subsection there shall be substituted the words " detained in a prison, borstal institution, or detention centre, not being persons committed in custody for trial at assizes or quarter sessions or committed to be sentenced or otherwise dealt with by quarter sessions or remanded in custody by any court ".
	In section forty-nine, in subsection (2), in paragraph (a) after the word " court " there shall be inserted the words " in the United Kingdom ".
	In section fifty-five, in subsection (4), for the words " the Second Schedule to this Act" there shall be substituted the words " the Criminal Justice Act, 1961 ".
The Magistrates' Courts Act, 1952. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.	In section twenty, in subsection (5), for the words " ten pounds" there shall be substituted the words " fifty pounds ".
	In section twenty-eight, in subsection (1), for the word " sixteen " there shall be substituted the word " fifteen ", and for the words from " and the court " to " Borstal institution " there shall be substituted the words " and is a person who, under subsections (2) and (4) of section one of the Criminal Justice Act, 1961, may be committed for a sentence of borstal training ".
	In section thirty-two, for the words " forty shilfings" there shall be substituted the words " ten pounds ".
	In section fifty-four, in subsection (3), in paragraph (b), for the words " until he has " there shall be substituted the words " for a specified period or until he has sooner ".
	In section one hundred and twenty-six, in subsection (1), in the definition of " Fine ", after the word " ' Fine ' " there shall be inserted the words " , except for the purposes of any enactment imposing a limit on the amount of any fine, ".
The Prisons (Scotland) Act, 1952. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 61.	In section thirty-seven, in the proviso to sub-section (2), after the word " court" there shall be inserted the words " in the United Kingdom ".
The Criminal Justice Act (Northern Ireland), 1953, c. 14.	In section fourteen, in subsection (2), for the words from " in pursuance " to " 1953 " there shall be substituted the words " under or by virtue of any enactment in that behalf in force in any part of the United Kingdom (including an enactment of the Parliament of Northern Ireland ".
The Prison Act (Northern Ireland), 1953. c. 18.	In section thirty-eight, in subsection (3), after the word " court" there shall be inserted the words " in the United Kingdom ".
The Naval Discipline Act, 1957. 5 & 6 Eliz. 2. c. 53.	In section eighty-four, in subsection (5), for the words " or the Prison Act (Northern Ireland), 1953 " there shall be substituted the words " the Prison Act (Northern Ireland) 1953, or the Criminal Justice Act, 1961 ".
The Mental Health Act, 1959. 7 & 8 Eliz. 2. c. 72.	In section seventy-three, in paragraph (a) of subsection (2), after the word " sessions " there shall be added the words " or committed in custody to assizes or quarter sessions under section six or section eight of the Criminal Justice Act, 1948 ".
	In section seventy-nine, in subsection (1), the words " child or young ", in both places where they occur, shall be omitted.

Section 41.

FIFTH SCHEDULE Enactments Repealed

Session and Chapter	Short Title	Extent of Repeal
23 & 24 Geo. 5. c. 12.	The Children and Young Persons Act, 1933.	Section seventy-four.
		In section eighty-two, in subsection (1), in paragraph (b\ the words "or upon the revocation of his licence ".
		In section eighty-seven, in subsection (3), the words "on licence or ".
		In section eighty-eight, in subsection (4), in paragraph (b), the words " or on licence ".
		In the Fourth Schedule, paragraph 6; and, in paragraph 12, the words " on licence or " in both places where they occur.
11 & 12 Geo. 6. c. 43.	The Children Act, 1948.	In section six, in subsection (4), the words " paragraph 6 of the Fourth Schedule to the said Act of 1933. or ".
11 & 12 Geo. 6. c. 58.	The Criminal Justice Act, 1948.	Section eighteen.
		In section nineteen, in subsection (1), the words "not exceeding twelve in the aggregate ".
		In section twenty, subsections (7) and (8).
		Section twenty-two.
		In section twenty-three, in subsection (1), the words " or to be ordered to be subject to the provisions of the last foregoing section ".
		In section thirty-eight, in subsection (4), the words from " and nothing" to the end of the subsection.
		In section fifty-two, subsection (2).
		In section seventy-two, in subsection (2), the words " and to supervision and recall".
15 & 16 Geo. 6 & 1 Eliz. 2. c. 52.	The Prison Act, 1952	In section twenty-two, paragraph (a) of subsection (2).
		In section twenty-four, subsection (2).
		Section twenty-nine.
		Section forty-eight.
		In section forty-nine, in subsection (2), the words from " and (c) nothing " to the end of the subsection.
		In section fifty-five, in subsection (3), the words from " subsections (1), (3)" to the words " Second Schedule " and the words from " and subsection (1) of the said section" to the end of the subsection.
		The First and Second Schedules.
		In the Third Schedule, the amendment of the Criminal Justice Act, 1948.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.	The Magistrates' Courts Act, 1952.	In section twenty-eight, subsections (2) and (3); and in subsection (4) the words " or remanded under subsection (2)", and the words from " Provided that" to the end of the section.
		In section one hundred and seven, subsections (4) to (6).
		In the Fifth Schedule, the amendments of section fifty-four of the Children and Young Persons Act, 1933, and sections eighteen and nineteen and subsection (4) of section eighty of the Criminal Justice Act, 1948.
15 & 16 Geo. 6 & 1 Eliz. 2. c. 61.	The Prisons (Scotland) Act, 1952.	In section ten, paragraph (a) of subsection (2).
		Section thirty-six.
		In section thirty-seven, in subsection (1), the words "in any part of Great Britain".
		The Second Schedule.
8 & 9 Eliz. 2. c. 65.	The Administration of Justice Act, 1960.	In section six, in subsection (2) the words from "and nothing" to the end of the subsection.

Section 41.

SIXTH SCHEDULE Enactments relating to borstal training as they will have effect, subject to s. 41 (3) of this Act and to s. 18 (6) of the Legal Aid and Advice Act, 1949, when all amendments made in them by this Act operate

CRIMINAL JUSTICE ACT, 1948, s. 20

20 Borstal training.

(1) Where a person is convicted on indictment of an offence punishable with imprisonment, then if on the day of his conviction he is not less than fifteen but under twenty-one years of age and a sentence of borstal training is available in his case under subsection (2) of section one of the Criminal Justice Act, 1961, the court may, in lieu of any other sentence, pass a sentence of borstal training.

(4) An offender committed by a court of summary jurisdiction to quarter sessions for sentence under subsection (1) of section twenty-eight of the Magistrates' Courts Act, 1952, shall be committed—

(a) where the court of summary jurisdiction acts for a county other than the County of London or for a borough not having a separate court of quarter sessions, to the appeal committee of the quarter sessions for that county or for the county in which that borough is situated, as the case may be ;

(b) in any other case, to the next court of quarter sessions having jurisdiction in the county, borough or place for which the court of summary jurisdiction acts ;

and where the offender is so committed to an appeal committee, the clerk to the court of summary jurisdiction shall notify the clerk of the peace, and the clerk of the peace shall give notice to the prosecutor and to the governor of the remand centre or prison to which the offender is committed of the date on which the case will be dealt with by the appeal committee, being the next available sitting of a court consisting of members of that committee.

(5) Where an offender is so committed for sentence as aforesaid, the following provisions shall have effect, that is to say:—

(a) the appeal committee or court of quarter sessions shall inquire into the circumstances of the case and may—

(i) if a sentence of borstal training is available in his case under subsection (2) of section one of the Criminal Justice Act, 1961, sentence him to borstal training ; or

(ii) in any case, deal with him An any manner in which the court of summary jurisdiction might have dealt with him ;

(b) the Poor Prisoners Defence Act, 1930, shall apply as if the offender were committed for trial for an indictable offence, subject to the modifications specified in subsections (4) and (5) of section eighteen of the Legal Aid and Advice Act, 1949 ;

(d) if the appeal committee or court of quarter sessions passes a sentence of borstal training, the offender may appeal against the sentence to the Court of Criminal Appeal as if he had been convicted on indictment, and the provisions of the Criminal Appeal Act, 1907, shall apply accordingly.

(6) References to a court of quarter sessions or a court in any enactment as applied by the last foregoing subsection, or in any other enactment relating to persons dealt with by quarter sessions (including any such enactment contained in this Act) shall be construed as including references to an appeal committee of quarter sessions by whom an offender is dealt with under that subsection.

MAGISTRATES' COURTS ACT, 1952, s. 28

28 Commital to quarter sessions with a view to a borstal sentence.

(1) Where a person is convicted by a magistrates' court of an offence punishable on summary conviction with imprisonment, then, if on the day of the conviction he is not less than fifteen but under twenty-one years old and is a person who, under subsections (2) and (4) of section one of the Criminal Justice Act, 1961, may be committed for a sentence of borstal training, the court may commit him in custody to quarter sessions for sentence in accordance with the provisions of section twenty of the Criminal Justice Act, 1948.

(4) A person committed under subsection (1) of this section shall be committed—

(a) if the court has been notified by the Secretary of State that a remand centre is available for the reception, from that court, of persons of the class or description of the person committed, to a remand centre ;

(b) if the court has not been so notified, to a prison.

PRISON ACT, 1952, s. 45

45 Release of persons sentenced to borstal training.

(1) A person sentenced to borstal training shall be detained in a borstal institution, and after his release therefrom shall be subject to supervision, in accordance with the following provisions of this section ; subject, however, to the power of the Secretary of State under subsection (2) of the last preceding section to commute in certain cases the unexpired part of the term for which a person is liable to be so detained to a term of imprisonment.

(2) A person sentenced to borstal training shall be detained in a borstal institution for such period, not extending beyond 'two years after the date of his sentence, as the Prison Commissioners may determine, and shall then be released:

Provided that the Prison Commissioners shall not release any such person from a borstal institution before the expiration of six months from the date of his sentence unless required to do so by directions of the Secretary of State.

(3) A person shall, after his release from a borstal institution and until the expiration of two years from the date of his release, be under the supervision of such society or person as may be specified in a notice to be given to him by the Prison Commissioners on his release, and shall, while under that supervision, comply with such requirements as may be so specified:

Provided that the Prison Commissioners 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.

(4) If before the expiration of two years from the date of his release the Prison Commissioners are satisfied that a person who is under supervision after his release from a borstal institution under subsection (2) of this section has failed to comply with any requirement for the time being specified in the notice given to him under subsection (3) of this section, they may by order recall him to a borstal institution ; and thereupon he shall be liable to be detained in the borstal institution until the expiration of ttiwo years from the date of his sentence, or the expiration of six months from the date of his being taken into custody under the order, whichever is the later, and, if at large, shall be deemed to be unlawfully at large:

Provided that—

(a) any such order shall, at the expiration of two years from the date of his release, cease to have effect unless the person to whom it relates is then in custody thereunder ; and

(b) the Prison Commissioners may at any time release a person who is detained in a borstal institution under this subsection ; and the provisions of subsection (3) of this section and the preceding provisions of this subsection 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 as references to the period of two years from the date of his original release.

(5) If any person while under supervision, or after his recall to a borstal institution, as aforesaid, or after being ordered to be returned to a borstal institution under section twelve of the Criminal Justice Act, 1961, is sentenced by a court in any part of Great Britain to corrective training or borstal training, his original sentence of borstal training shall cease to have effect.

(6) The Prison Commissioners in exercising their functions under this section shall consider any report made to them by a board of visitors on the advisability of releasing a person from a borstal institution.

Table of Statutes referred to in this Act

Short Title	Session and Chapter
Petty Sessions (Ireland) Act, 1851	14 & 15 Vict. c. 93.
Forfeiture Act, 1870	33 & 34 Vict. c. 23.
Bank Holidays Act, 1871	34 & 35 Vict. c. 17.
Colonial Prisoners Removal Act, 1884	47 & 48 Vict. c. 31.
Penal Servitude Act, 1891	54 & 55 Vict. c. 69.
Criminal Appeal Act, 1907	7 Edw. 7. c. 23.
Government of Ireland Act. 1920	10 & 11 Geo. 5. c. 67.
Poor Prisoners Defence Act, 1930	20 & 21 Geo. 5. c. 32.
Children and Young Persons Act, 1933	23 & 24 Geo. 5. c. 12.
Criminal Justice Act, 1948	11 & 12 Geo. 6. c. 58.
Legal Aid and Advice Act, 1949	12, 13 & 14 Geo. 6. c. 51.
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 & 16 Geo. 6. & 1 Eliz. 2. c. 61.
Army Act, 1955	3 & 4 Eliz. 2. c. 18.
Air Force Act, 1955	3 & 4 Eliz. 2. c. 19.
Naval Discipline Act, 1957	5 & 6 Eliz. 2. c. 53.