Criminal Justice (Scotland) Act 1949

Section 20.

FOURTH SCHEDULE Borstal Training

1 A person sentenced to Borstal training shall be detained in a Borstal institution for such period, not extending beyond three years after the date of his sentence, as the Secretary of State may determine, and shall then be released.

2 A person shall, after his release from a Borstal institution and until the expiration of a period of three years from the date of his sentence or. the expiration of one year from the date of his release, whichever is the earlier, be under the supervision of such society or person as may be specified in a notice to be given to him by the Secretary of State on his release, and shall, while under that supervision, comply with such 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.

3 If the Secretary of State is satisfied that a person who is under supervision after his release from a Borstal institution under paragraph 1 of this Schedule has failed to comply with any requirement for the time being specified in the notice given to him under paragraph 2 of this Schedule, the Secretary of State 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 one year from the date of his being taken into custody under the order and, if at large, shall be deemed to be unlawfully at large:

Provided that—

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

(b) the Secretary of State may at any time release a person who is detained in a Borstal institution under this paragraph; and the foregoing provisions of this Schedule shall apply in the case of a person so released as they apply in the case of a person released under paragraph I of this Schedule.

4 If any person while under supervision, or after his recall to a Borstal institution, as aforesaid, is sentenced by a court in any part of Great Britain to corrective training or Borstal training or to penal servitude or detention in a Borstal institution, his original sentence of Borstal training shall cease to have effect; and if any such person is so sentenced to imprisonment, any period for which he is imprisoned under that sentence shall count as part of the period for which he is liable to detention in a Borstal institution under his original sentence,

5 The Secretary of State in exercising his functions under this Schedule shall consider any report made to him by a visiting committee on the advisability of releasing a person from a Borstal institution.