Chwilio Deddfwriaeth

Criminal Justice (Scotland) Act 1949

Status:

This is the original version (as it was originally enacted).

FIRST SCHEDULEForm of Probation Order

In the Court at on ___________________________________ The Court [being satisfied that the accused (here insert name and address) has committed the offence with which he is charged] or (as the case may be) in view of the conviction of the accused (here insert name and address) and being of the opinion that having regard to the circumstances, including the nature of the offence and the character of the said A.B. it is expedient to make a probation order under the Criminal Justice (Scotland) Act, 1949, containing the under-noted requirements, and the said A.B. who resides [or is to reside] in the _______ probation area having expressed his willingness to comply with the said requirements, therefore orders that the said A.B. he under the supervision of _______ probation officer of the said probation area of _______ [or under the supervision of a probation officer to be nominated by the _______ court in the said probation area] for a period of ______________ months from the date hereof, and that the said A.B. shall comply with the following requirements, namely:—

1To be of good behaviour.

2To conform to the directions of the probation officer as to conduct.

3(Here insert any additional requirements.) Signed ____________________________ Date ____________________________

SECOND SCHEDULEDischarge and Amendment of Probation Orders

Discharge

1A probation order may on the application of the probation officer or of the probationer be discharged—,

(a)by the appropriate court, or

(b)if no appropriate court has been named in the original or in any amending order, by the court which made the order.

Amendment

2(1)If the court by which a probation order was made, or the appropriate court is satisfied that the probationer proposes to change or has changed his residence from the probation area named in the order to another probation area, the court may, and if application is made in that behalf by the probation officer shall, by order, amend the probation order by (a) substituting for the probation area named therein that other probation area, and (6) naming the appropriate court to which all the powers of the court by which the order was made shall be transferred, and which shall appoint a probation officer or officers for the aforesaid other probation area in lieu of the probation officer or officers named in the order.

(2)The court to be named as the appropriate court in any amendment of a probation order in pursuance of the last foregoing sub-paragraph shall be a court exercising jurisdiction in the place where the probationer resides or is to reside and shall be a sheriff court, a justice of the peace court or a burgh or police court according as the probation order was made by a sheriff court, a justice of the peace court or a burgh or police court:

Provided that—

(i)if there is no justice of the peace court or burgh or police court as the case may be exercising jurisdiction in the said place the court to be so named shall be the sheriff court; and

(ii)if the probation order contains requirements which in the opinion of the court cannot be complied with unless the probationer continues to reside in the probation area named in the order, the court shall not amend the order as aforesaid, unless in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes therefor other requirements which can be so complied with.

(3)Where a probation order is amended under this paragraph, the clerk of the court amending it shall send to the clerk of the appropriate court, four copies of the order together with such documents and information relating to the case as the court amending the order considers likely to he of assistance to the appropriate court, and the clerk of that court shall send one copy of the probation order to the probation committee of the substituted probation area, and two copies to the probation officer appointed by the appropriate court, one of which the probation officer shall give to the probationer.

(4)The foregoing provisions of this paragraph shall in the case where the probation order was made by the High Court of Justiciary have effect subject to the following modifications—

(a)the Court shall not name an appropriate court, but may substitute for the probation officer or officers named in the order another probation officer or other probation officers, and any salaried probation officer so substituted shall be selected from among the salaried probation officers for the area in which the probationer is to reside;

(b)the clerk of justiciary shall send to the clerk of the probation committee for the area in which the probationer is to reside three copies of the amending order together with such documents and information relating to the case as is likely to be of assistance to the committee, and the clerk of the committee shall send two copies of the amending order to the probation officer named therein, one of which the probation officer shall give to the probationer.

3Without prejudice to the provisions of the last foregoing paragraph, the court by which .a probation order was made or the appropriate court may, upon application made by the probation officer or by the probationer, by order amend a probation order by cancelling any of the requirements thereof or by' inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by that court in accordance with the provisions of sections two and three of this Act:

Provided that—

(a)the court shall not amend a probation order by reducing . the probation period, or by extending that period beyond the end of three years from the date of the original order;

(b)the court shall not so amend a probation order that the probationer is thereby required to reside in an approved probation hostel or home, or in any other institution or place, or to submit to treatment for his mental condition, for any period or periods exceeding twelve months in all;

(c)the court shall not amend a probation order by inserting therein a, requirement that the probationer shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order.

4Where the medical practitioner by whom or under whose direction a probationer is being treated- for his mental condition in pursuance of any requirement of the probation order is of opinion—

(a)that the treatment of the probationer should be continued beyond the period specified in that behalf in the order; or

(b)that the probationer needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order; or

(c)that the probationer is not susceptible to treatment; or

(d)that the probationer does not require further treatment,

or where the practitioner is for any reason unwilling to continue to treat or direct the treatment of the probationer, he shall make a report in writing to that effect to the probation officer and the probation officer shall apply to the court which made the order or to the appropriate court for the variation or cancellation of the requirement.

General

5Where the court which made the order or the appropriate court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall cite him to appear before the court; and the court shall not amend the probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended:

Provided that this paragraph shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new probation area for the probation area named in the probation order.

6On the making of an order discharging or amending a probation order, the clerk of the court shall forthwith give copies of the discharging or amending order to the probation officer; and the probation officer shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside.

7Subsection (9) of section two of this Act shall apply to any order made under this Schedule by virtue of which a probationer is required to reside in an institution or place as it applies to a probation order made under that section.

THIRD SCHEDULEAdministrative Provisions as to Probation

Probation Areas

1(1)Subject as hereinafter provided each large burgh and each county inclusive of every small burgh situate therein shall be a probation area:

Provided that the Secretary of State, if the circumstances seem to him to render such a course expedient, may by order direct that any two or more of the areas aforesaid be combined in whole or in part to form one probation area or that any county (inclusive as aforesaid) be divided into two or more probation areas.

(2)Before making an order under the preceding sub-paragraph, the Secretary of State shall give to each sheriff having jurisdiction in any part of the area to which the proposed order will apply and to the council of any county or burgh to which the proposed order will apply, an opportunity of making any representations which they may desire to make with respect to the proposed order.

(3)An order made under sub-paragraph (1) of this paragraph may be amended or revoked by a subsequent order and the provisions of sub-paragraph (2) of this paragraph shall apply in relation to any such subsequent order.

Probation and Case Committees

2(1)There shall be a probation committee for each probation area.

(2)The probation committee shall consist (in addition to the ex officio members under the next succeeding sub-paragraph) of such number of persons as may be prescribed (not being less than five nor, except where in the opinion of the Secretary of State the circumstances of the area otherwise require, more than fifteen), and such persons (of whom at least one shall be a woman) shall be appointed, in accordance with rules made by the Secretary of State, by the local authority for the probation area, or where the probation area comprises in whole or in part the areas of two or more local authorities, by those local authorities.

(3)The sheriff of each county wholly or partly comprised in a probation area, and any one or more sheriffs-substitute having jurisdiction in any such county whom the sheriff may nominate for the purpose, and the stipendiary magistrate for any burgh wholly or partly comprised in a probation area shall be members ex officio of the probation committee for that area.

3(1)It shall be the duty of every probation committee—

(a)to appoint sufficient salaried probation officers for their probation area, subject, in the case of such classes or descriptions of probation officers as may be prescribed, to the approval of the appointment by the Secretary of State;

(b)to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be prescribed;

(c)to provide for the efficient carrying out of the work of probation officers and to supervise such work and to receive reports by such officers;

(d)to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order or supervision order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as voluntary or resident patients; and

(e)to perform such other duties in connection with the work of probation officers as may be prescribed.

(2)Nothing in the last foregoing sub-paragraph shall require the probation committee for any area to appoint a whole-time probation officer for any area if it is shown to the satisfaction of the Secretary of State that such appointment is unnecessary.

(3)The same person may be appointed to be a salaried probation officer for two or more probation areas.

(4)It shall be competent for a probation committee to appoint in accordance with rules made by the Secretary of State one or more case committees and to delegate thereto any of their functions relating to the supervision of the work of probation officers.

(5)A probation committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons under the supervision of probation officers appointed for their area.

Duties of Probation Officers

4It shall be the duty of probation officers to supervise the probationers and other persons placed under their supervision and to advise, assist and befriend them; to inquire, in accordance with any directions of the court, into the circumstances or home surroundings of any person with a view to assisting the court in determining the most suitable method of dealing with his case; to advise, assist and befriend, in such cases and in such manner as may be prescribed, persons who have been released from custody; and to perform such other duties as may be prescribed or may be imposed by any enactment.

Selection of Probation Officers

5(1)Where the circumstances permit, the court shall nominate a probation officer who is a woman to supervise a female offender.

(2)The court by which a probation order has been made, shall where the probation officer named in the order dies or is unable for any reason to carry out his duties, or where the court for any reason considers it desirable that another probation officer should be nominated in place of the officer named in the order, nominate another probation officer to act under the order.

(3)The foregoing provisions of this paragraph shall with any necessary modifications apply to the appropriate court in like manner as they apply to the court by which a probation order was made.

Expenses

6(1)The sums required to meet any expenses incurred by a probation committee under the Local Government Act, 1948, or under the provisions of this Schedule, or in accordance with rules made thereunder or in respect of (a) the remuneration or expenses of any probation officer or any clerk appointed to assist a probation officer in the performance of his duty or (b) the inclusion of any salaried whole-time probation officer or any such clerk as aforesaid in a superannuation fund maintained under the Local Government Superannuation (Scotland) Act, 1937, or under a local Act scheme within the meaning of that Act, shall be defrayed in accordance with rules made under this Schedule by the local authority in whose area the probation area is situated.

(2)Where a probation officer is appointed for more than one probation area, any expenses incurred under this Schedule in respect of the remuneration, expenses or superannuation of such officer or of any clerk appointed to assist him in the performance of his duty shall be apportioned between the probation committees for the several probation areas for which he is appointed, in such manner as may be agreed upon by the probation committees after consultation with the local authorities affected, or, in default of agreement, according to the rateable valuation in the valuation rolls of the respective probation areas.

(3)Where a probation area is situated in the area of two or more local authorities, the sums to be defrayed as aforesaid shall be apportioned between the several authorities in such manner as may be agreed upon between them, or, in default of agreement according to the rateable valuation in the valuation rolls of the respective areas of the local authorities so far as within the probation area.

General

7The Secretary of State may make rules—

(a)regulating the constitution, procedure, powers and duties of probation committees and case committees and the appointment and tenure of office of the members thereof;

(b)regulating the qualifications, manner of appointment, conditions of service and duties of probation officers;

(c)fixing scales of salaries and remuneration of salaried probation officers, and of expenses to be allowed to salaried and voluntary probation officers;

(d)regulating the expenditure which may be incurred by probation and case committees and the manner in which such expenditure is to be defrayed;

(e)requiring probation committees to furnish reports with respect to the work or duties of their probation officers;

(f)empowering local authorities to appoint the clerk and other officers (other than probation officers) of probation committees;

(g)for the auditing of the accounts of probation committees; and

(h)for prescribing anything else which under the provisions of this Schedule may be prescribed.

8In this Schedule—

the expressions " county " and " county council " mean, in the case of counties combined for the purposes mentioned in subsection (1) of section one hundred and eighteen of the Local Government (Scotland) Act, 1947, the combined county and the joint county council;

the expression " local authority " means in the case of a large burgh, the town council and in the case of a county inclusive of any small burgh situate therein, the county council;

the expression " prescribed " means prescribed by rules made by the Secretary of State;

the expression " sheriff " does not include sheriff substitute.

FOURTH SCHEDULEBorstal Training

1A 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.

2A 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.

3If 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.

4If 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,

5The 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.

FIFTH SCHEDULERelease on Licence of Persons Sentenced to Corrective Training or Preventive Detention

1The Secretary of State may release on licence a person sentenced to corrective training or preventive detention after he has served such portion of his sentence as may be determined in accordance with rules made under section fifty-three of this Act or at any time.

2A person shall, after his release on licence under paragraph 1 of this Schedule and until the expiration of his sentence, comply with such requirements as may be specified in the licence, including, if the Secretary of State thinks it expedient, a requirement that he shall be under the supervision of such society or person as may be so specified :

Provided that the Secretary of State may at any time modify or cancel any of the said requirements.

3If before the expiration of his sentence the Secretary of State is satisfied that a person released on licence under paragraph 1 of this Schedule has failed to comply with any requirement for the time being specified in the licence, the Secretary of State may by order recall him to a prison; and thereupon he shall be liable to be detained in the prison until the expiration of his sentence, and, if at large, shall be deemed to be unlawfully at large.

4The Secretary of State may release on licence a person detained in a prison under the last foregoing paragraph at any time before the expiration of his sentence; and the foregoing provisions of this Schedule shall apply in the case of a person released under this paragraph as they apply in the case of a person released under paragraph 1 of this Schedule.

5If any person while released on licence, or after he is recalled to a prison, as aforesaid, is sentenced by a court in any part of Great Britain to corrective training or preventive detention, the sentence by virtue of which he is on licence or has been recalled shall cease to have effect; and if any such person is so sentenced to imprisonment or penal servitude, any period for which he is imprisoned under that sentence shall count as part of the period for which he is liable to detention under the original sentence.

SIXTH SCHEDULERegistration of Address and Reporting at Police Stations by Discharged Prisoners

1(1)Any person to whom this Schedule applies shall—

(a)register at an appointed police station in any police area in which he is from time to time residing the address of his residence;

(b)report once in each month, on such day as may be directed by or on behalf of the chief officer of police, at the police station at which his address for the time being is registered.

(2)Where any person to whom this Schedule applies changes his residence he shall, on registering his new address under this paragraph, state the address which was last registered by him thereunder.

(3)Any such registration and report as aforesaid shall be effected in person before the officer in charge of the police station:

Provided that any such report may, if permission in that behalf is granted by or on behalf of the chief officer of police, be made in writing.

2(1)If any person fails without reasonable excuse to comply with any of the requirements of the foregoing paragraph, he shall be guilty of an offence and liable on summary conviction thereof to imprisonment for a term not exceeding six months:

Provided that—

(a)in proceedings for a failure to register an address it shall be a defence for the accused to prove either that—

(i)being on a journey to a particular destination he remained no longer in the place in which he failed to register his address than was reasonably necessary for the purposes of that journey; or

(ii)his absence from his registered address was temporary and that he kept the officer in charge of the police station at which that address was registered sufficiently informed of his whereabouts; and

(b)in proceedings for a failure to report it shall be a defence for the accused to prove that, being temporarily absent from his registered address on the day on which he was directed to report, he personally presented himself and reported on that day at a police station within the police area in which he then was and stated his registered address.

(2)A person to whom this Schedule applies who is reasonably suspected of having committed an offence under this paragraph may be arrested without warrant by any constable.

(3)A person charged with an offence under this paragraph may be tried in the place in which he was arrested or in the place in which the offence is alleged to have been committed or, if the offence consists of a failure to report in writing to a police station, in the place in which the police station is situated.

3(1)Any appointment, direction or permission purporting to be signed by or on behalf of a chief officer of police and to have been made or given for the purposes of this Schedule shall, in proceedings under the last foregoing paragraph of this Schedule, be sufficient evidence that the appointment, direction or permission thereby made or given was duly made or given by or on behalf of the chief officer of police.

(2)A certificate purporting to be signed by an officer in charge of a police station and certifying that it appears from the records kept at that police station that a person has failed to register an address or make a report or has registered a particular address at that police station shall, in any such proceedings as aforesaid, be sufficient evidence of the facts so certified.

(3)A certificate purporting to be signed by or on behalf of the Secretary of State and certifying that he has received a notice given pursuant to paragraph (b) of subsection (2) of section twenty-two of this Act to the effect that a person has failed to comply with any requirement under that subsection shall, in any such proceedings as aforesaid, be sufficient evidence of the notice having been duly given and of the contents of the notice.

4(1)For the purposes of this Schedule, a person shall be deemed to reside at any house or other place of whatever description at which he spends a night.

(2)In this Schedule the following expressions have the meaning hereby respectively assigned to them, that is to say:—

  • " Appointed police station " means a police station appointed for the purposes of this Schedule by the chief officer of police of the police area in which the police station is situated;

  • " Chief officer of police " and " police area " have the same meaning respectively as in section thirty of the Police Pensions Act, 1921;

  • " Registered address ", in relation to any person, means the address which is for the time being the address last registered by him in accordance with this Schedule.

5It shall be the duty of a chief officer of police to appoint a sufficient number of police stations in his area for the purposes of this Schedule.

SEVENTH SCHEDULEForms of Notices to Accused in Criminal ProceedingsProceedings on Indictment Form No. 1

Notice of Previous Convictions

A.B. Take notice that in the event of your being convicted of the charge of _______ in the indictment to which this notice is attached, it is intended to place before the Court the undernoted previous convictions applying to you as aggravations of the said charge.

Date.Place of trial.Court.Offence.Sentence.
(Date)CD,

Summary Proceedings. Form No. 2.

Notice as to penalty for statutory offence

A.B. Take notice that in the event of your being convicted of the charge[s] of contravening (give reference to sections of Acts or Orders) in the complaint preferred against you at my instance you will be liable to the penalties set forth in the said section[s] [or in section _______ of the said Act] namely (set forth shortly the penalties.) CD. Procurator Fiscal [or Burgh Prosecutor] (Date) _____________________ [or Justice of the Peace Fiscal] Form No. 3.

Notice of Previous Convictions in charge of Statutory Offence

A.B. Take notice that in the event of your being convicted of the charge of contravening (give reference to the section of Act or Order) in the complaint preferred against you at my instance it is intended to place before the Court the undernoted previous convictions applying to you and you will be liable (in respect that the offence is a second [or third] offence) to the penalties set forth in the said section[s] [or in section of the said Act] namely (set forth shortly the penalties).

List of previous convictions

Date.Place of trial.Court.Offence.Sentence.

CD. Procurator Fiscal [or Burgh Prosecutor] (Date) _____________________ [or Justice of the Peace Fiscal] Form No. 4.

Notice of previous convictions in charge of Common Law offence

A.B. Take notice that in the event of your being convicted of the charge [s] of ______________ in the complaint preferred against you at my instance it is intended to place before the Court the following previous convictions applying to you :—

Date.Place of trial.Court.Offence.Sentence.

CD. Procurator Fiscal [or Burgh Prosecutor] (Date) _____________________ [or Justice of the Peace Fiscal]

EIGHTH SCHEDULERelease of Young Offenders from Prison on Licence

1A person released on licence under section fifty-six of this Act shall until the expiration of his sentence be under the supervision of such society or person as may be specified in the licence and shall comply with such other requirements as may be so specified:

Provided that the Secretary of State may at any time modify or cancel any such requirements.

2If before the expiration of his sentence the Secretary of State is satisfied that a person released as aforesaid has failed to comply with any requirement for the time being specified in the licence he may by order recall him to a prison; and thereupon he shall be liable to be detained in prison until the expiration of his sentence and, if at large, shall be deemed to be unlawfully at large.

3The Secretary of State may release on licence a person detained in a prison under the last foregoing paragraph at any time before the expiration of his sentence; and the foregoing provisions of this Schedule shall apply in the case of a person released under this paragraph as they apply in the case of a person released under section fifty-six of this Act.

4Where the unexpired part of the sentence of a person released under the said section fifty-six is less than six months, the provisions of this Schedule shall apply to him subject to the following modifications—

(a)the period for which he is under supervision under paragraph 1, and is liable to recall under paragraph 2, shall be a period of six months from the date of his release under the said section fifty-six;

(b)if he is recalled under paragraph 2, the period for which he may be detained thereunder shall be whichever is the shorter of the following, that is to say—

(i)the remainder of the said period of six months; or

(ii)the part of his sentence which was unexpired on the date of his release under the said section fifty-six reduced by any time during which he has been so detained since that date;

and he may be released on licence under paragraph 3 at any time before the expiration of that period.

NINTH SCHEDULEProvisions Relating to Persons in England after Discharge from Prisons, Etc., in Scotland

1Where any person serving a term of imprisonment for life has been released on licence under subsection (1) of section fifty-seven of this Act, he may be recalled under subsection (2) of that section notwithstanding that he is for the time being in England; and in relation to any such persons, while in England, the said subsection (2) shall extend to England accordingly.

2Where any person sentenced to Borstal training under this Act, or who is required by virtue of any enactment to be treated as if he had been so sentenced, is released from a Borstal institution, he shall continue to be under supervision, and may be recalled, in accordance with the provisions of the Fourth Schedule to this Act, notwithstanding that he is for the time being in England and in relation to any such person, while in England, the provisions of that Schedule (other than paragraph 1 thereof) shall extend to England accordingly.

3Where any person sentenced under this Act to corrective training or preventive detention, or required by virtue of section sixty-two of this Act to be treated as if he had (been so sentenced, is released on licence under paragraph 1 of the Fifth Schedule to this Act, any requirements of the licence shall continue in force, and he may be recalled under the said Fifth Schedule, notwithstanding that he is for the time being in England; and in relation to any such person, while in England, the provisions of that Schedule (except paragraph 1 thereof) shall extend to England accordingly.

4Where any person serving a sentence of imprisonment is released on licence under subsection (2) of section fifty-six of this Act, he shall continue to be under supervision, and may be recalled, in accordance with the provisions of the Eighth Schedule to this Act, notwithstanding that he is for the time (being in England; and in relation to any such person, while in England, the provisions of that Schedule shall extend to England accordingly.

5Where, under section twenty-two of this Act, any person convicted of an offence is ordered to be subject to the provisions of that section, he shall remain so subject notwithstanding that he is for the time being in England; and in relation to any such person, while in England, the provisions of that section and of the Sixth Schedule to this Act shall extend to England accordingly.

TENTH SCHEDULETransitory Provisions

1Where in any proceedings commenced before the date of the commencement of this Act no sentence, probation order, order discharging the offender absolutely or other order finally disposing of the case has been passed or made, the court shall have power to pass or make any sentence or order which it could have passed or made if the proceedings had been commenced after the said date.

2(1)Any person who immediately before the commencement of this Act was undergoing or liable to undergo a term of penal servitude under a sentence passed by a court in any part of Great Britain or as a condition of a pardon granted by His Majesty for an offence for which he was sentenced to death, or in consequence of the forfeiture or revocation of a licence granted in any part of Great Britain under the Penal Servitude Acts, 1853 to 189.1, shall, if he is or ought to be in custody in Scotland at the commencement of this Act, be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not penal servitude for that term.

(2)Where any person who having been sentenced to penal servitude for life, or while undergoing penal servitude for life as a condition of a pardon granted as aforesaid, is at the commencement of this Act the holder of a licence granted under the Penal Servitude Acts, 1853 to 1891, which has not been forfeited or revoked, he shall be deemed to have been released on licence under section fifty-seven of this Act.

(3)In the case of a person who is deemed by virtue of the last foregoing sub-paragraph to have been released on licence under section fifty-seven of this Act, the Secretary of State may, without recalling him to prison, substitute for the licence granted under the Penal Servitude Acts, 1853 to 1891, a licence under the said section fifty-seven.

(4)Where any person who having been sentenced to penal servitude for a term less than life is at the commencement of this Act the holder of a licence granted as aforesaid under the Penal Servitude Acts, 1853 to 1891, which has not been forfeited or revoked, he shall be -treated as if his sentence had expired.

3Any person who has been sentenced to imprisonment with hard labour for a term which has not expired at the commencement of this Act shall, for the remainder of that term, be treated as though he had been sentenced to imprisonment without hard labour; but nothing in this paragraph shall affect any disability or disqualification attaching to him by virtue of his sentence.

4(1)Any person who is at the commencement of this Act detained in custody under a sentence of preventive detention shall for the remainder of the period for which he was sentenced to preventive detention be treated as if he had been sentenced to preventive detention under this Act; and the provisions of this Act relating to preventive detention shall apply to him accordingly.

(2)Where a person having been sentenced to a term of preventive detention is at the commencement of this Act absent from prison by virtue of a licence granted under section fourteen of the Prevention of Crime Act, 1908, the provisions of Part II of that Act shall continue to apply to him; but if before the expiration of the term his licence is revoked or forfeited the said provisions shall cease to apply, and he shall for the remainder of the term be treated as if he had been sentenced to preventive detention under this Act; and the provisions of this Act relating to preventive detention shall apply to him accordingly.

(3)Where a person has been sentenced to penal servitude for a term which has not expired at the commencement of this Act, and is liable to undergo a period of preventive detention on the determination of the sentence of penal servitude, there shall be substituted for the sentence of preventive detention a sentence of preventive detention under this Act for a like period; and the provisions of this Act relating to preventive detention shall apply to that person accordingly.

5(1)Any person who, having been sentenced to detention in a Borstal institution, is or ought to be immediately before the commencement of this Act detained in Scotland in a Borstal institution, or in a prison awaiting removal to such an institution, or then holds a licence in force under section five of the Prevention of Crime Act, 1908, or is under the supervision of the Secretary of State under section six of that Act, shall be deemed to have been sentenced to Borstal training under this Act, or to be under supervision under the Fourth Schedule to this Act; and in its application to him the said Fourth Schedule shall have effect as if for the references therein to three years there were substituted references to the term of the sentence of detention in a Borstal institution.

(2)Any person to whom Part I of the Prevention of Crime Act, 1908, applied immediately before the commencement of this Act by reason of his transfer from a prison to a Borstal institution under section three of that Act shall be treated as if he were transferred under the provisions of this Act on the date of the commencement of this Act.

6(1)Where at the commencement of this Act a person is subject to the supervision of the police pursuant to the direction of a court in Scotland given under section eight of the Prevention of Crimes Act, 1871, the period for which he is under supervision shall expire at the end of twelve months from the commencement of this Act unless it shall have expired sooner.

(2)Any period of supervision as aforesaid exceeding twelve months which has not begun before the commencement of this Act shall by virtue of this Act be reduced to twelve months.

(3)The Secretary of State may substitute for any such direction, the period of supervision under which has not expired at the commencement of this Act, an order that the person subject to supervision under the direction shall, during the remainder of the period for which he would be liable to such supervision, be subject to the provisions of section twenty-two of this Act.

7(1)Any probation order made under the Probation of Offenders Act, 1907, by virtue of which a person is under supervision at the commencement of this Act shall be deemed to have been made under this Act:

Provided that where any requirement as to residence in such an order has been in operation for more than six months the probation officer shall apply to the court for a review of the requirement for the purpose of considering whether the requirement should be cancelled or the period thereof reduced, and where the requirement has been in operation for more than twelve months the probation -officer shall report the case to the court with a view to an order terminating the requirement.

(2)Any order made by the Secretary of State under paragraph (ii) of subsection (1) of section two of the Probation of Offenders (Scotland) Act, 1931, for the combination or division of areas shall have effect as if made under the Third Schedule to this Act.

(3)The members of a probation committee appointed for any area in accordance with rules under section three of the aforesaid Act of 1931 holding office at the commencement of this Act shall, pending an appointment of a committee under paragraph 2 of the Third Schedule to this Act be deemed to be the probation committee for. that area under this Act and the salaried probation officers appointed under the said Act for any area and holding office at the commencement of this Act shall be deemed to have been appointed under paragraph 3 of the said Schedule.

8For the purposes of this Act—

(a)prison rules made under any enactment repealed by this Act and regulations made under section four of the Prevention of Crime Act, 1908, shall be deemed to have been made under section fifty-three of this Act; and

(b)rules made under the Probation of Offenders Act, 1907, or the Probation of Offenders (Scotland) Act, 1931, shall be deemed to have been made under paragraph 7 of the Third Schedule to this Act.

9In relation to any person who—

(a)having been sentenced to a term of preventive detention is at the commencement of this Act absent from prison by virtue of a licence granted under section fourteen of the Prevention of Crime Act, 1908; or

(b)is at the commencement of this Act subject to the supervision of the police pursuant to the direction of any court under section eight of the Prevention of Crimes Act, 1871,

the provisions of section twenty-one of the Firearms Act, 1937, shall have effect as originally enacted and not as amended by this Act.

ELEVENTH SCHEDULEConsequential and Minor Amendments

Act to be Amended.Amendment.
The Prisons (Scotland) Act, 1877. 40 & 41 Vict. c. 53.

In section twenty-eight, the words from " may from time to time " to " convicted " criminal prisoners, and " shall cease to have effect.

Sections thirty-seven, forty-eight to fifty and fifty-two shall be omitted.

In section seventy-one, for the definition of the expression " burgh " the following definition shall be substituted

Burghshall have the same meaning as in " the Local Government (Scotland) Act, " 1947 ".

The Criminal Procedure (Scotland) Act, 1887. 50 & 51 Vict. c. 35.

In section sixty-three, for the words " such "extract " there shall be substituted the words

an extract of such.

The Summary Jurisdiction (Scotland) Act, 1908.

8 Edw. 7. c. 65.

In section thirty-four, for the words " such " previous conviction shall be set forth in " the complaint and " there shall be substituted the words

and such previous

conviction is set forth in the notice " referred to in subsection (4) of section " forty-six of the Criminal Justice (Scotland) Act, 1949, then"; in paragraph (1) after the word " tendered " and in paragraph (2) after the word " thereof" there shall be inserted the words

the

prosecutor shall place the notice before " the judge and" ; the words in the said paragraph (2) " after conviction " shall be omitted ; and in paragraph (8), after the word

herein,

there shall be inserted the words

or in section forty'six of the Criminal Justice (Scotland) " Act, 1949 ".

The Mental Deficiency and Lunacy (Scotland) Act, 1913. 3 & 4 Geo. 5- c 38.

In section three, in subsection (1) in sub-paragraph (ii) of paragraph (c) for the words " a certified industrial school " there shall be substituted the words

a

school approved under section eighty" three of the Children and Young " Persons (Scotland) Act, 1937." and in sub-paragraph (iii) of the said paragraph for the words from "under" going a sentence" to " department "of a prison" there shall be substituted the words

detained (other

wise than while awaiting trial or " sentence or under civil process) in " a prison or other institution to which " the Prisons (Scotland) Acts i860 to 1926 " apply, or, in a remand home or who is " detained in a school approved under " section eighty-three of the Children and "Young Persons (Scotland) Act, 1937, " a mental hospital, an inebriate refor-" matory or a State Mental Hospital ". In section five, for the words from " (a) " under an order" to " inebriate reforma-" tory " there shall be substituted the words

under an order made by thesheriff—

" (a) on a petition presented under this Act (hereinafter referred to as a judicial order) ; or

(b) in pursuance of section ten of this Act in the case of a defective detained in a prison or other institution to which the Prisons (Scotland) Act, i860 to 1926, apply, or in a remand home, or in a school approved under section eighty-three of the Children and Young Persons (Scotland) Act, 1937 or in an inebriate reformatory or who is detained in a State Mental Hospital ". In section seventeen, in subsection (1), the words " or the Secretary for Scotland ", shall be omitted. In section thirty-three, in subsection (2), the words from

or, to the end of the subsection shall be omitted. In section thirty-four, for subsection (2), there shall be substituted the following subsection:—

" (2) Where the order is made in pursuance of section ten of this Act—

(a) if the order is in respect of a person detained in a prison or other institution to which the Prisons (Scotland) Acts, i860 to 1926, apply, or in a remand home, or in an inebriate reformatory or who is . detained in a State Mental Hospital, that person shall for the purposes of the foregoing section be presumed to have resided in the place where the offence was, or was alleged to have been, committed, unless it be proved that he resided in some other place ;

(b) if the order is in respect of a person in a school approved under section eighty-three of the Children and Young Persons (Scotland) Act, 1937, that person shall for the purposes of the foregoing section be deemed to have resided in the place (if any) determined to have been his place of residence for the purposes of his committal to such school."

The Criminal Justice Administration Act, 1914.

4 & 5 Geo. 5. c. 58.

In section four, in subsection (1) after the word " prison " there shall be inserted the words

or a detention centre

and after the word " imprisonment " there shall be added the words

or detention.

The Firearms Act, 1937. 1 Edw. 8 & Geo. 6. c. 12.—cont.

In section twenty-one, in subsection (1) after the words " penal servitude " there shall be inserted the words

preventivedetention or corrective training ", in subsection (2) for paragraph (a) there shall be substituted the following paragraph :—

" (a) is the holder of a licence issued under section fifty-six or fifty-seven of the Criminal Justice (Scotland) Act, 1949, or the Fifth or Eighth Schedule to that Act, or section fifty-seven of the Children and Young Persons (Scotland) Act, 1937 ; or " and in paragraph (b) the words " is " subject to the supervision of the police, " or " shall cease to have effect and after the word " firearm" there shall be inserted the words

or is subject to a

probation order containing a require-" ment that he shall not possess, use or " carry a firearm ". In section twenty-five, in subsection (1) for the words " penal servitude " there shall be substituted the words

preventive

detention, corrective training", the words "to be subject to police super-" vision or " shall cease to have effect, and after the word " firearm" in the first place where it occurs there shall be inserted the words

or is subject to aprobation order containing a require-" ment that he shall not possess, use or " carry a firearm ".

The Children and Young Persons (Scotland) Act, 1937

1 Edw. 8 & 1 Geo. 6. c 37-

For section forty-three there shall be substituted the following section :—

" 43.—

(1) Where a child or young person is to be brought before a court notification of the day and hour when, and the nature of the charge or other grounds on which, the child or young person is to be so brought shall be sent by the responsible person—(a) in the case where the child or young person is charged with an offence, to the probation officer or one of the probation officers for the pro-.' bation area in which the court will sit; and (6) in the case where the child or young person is brought before the court as being in need of care or protection, to the local authority for the area in which he is resident, or if it is not known where he is resident, to the local authority for the area or any one of the areas in which the circumstances justifying the application to the court are alleged to have arisen.

In this subsection the expression ' respon-' sible person' means, in the case where the child or young person is charged with an offence, the chief constable of the area in which the offence is alleged to have been committed, and in any other case the person (not being a local authority) bringing the child or young person before the court.

(2) Where a probation officer or a local authority has or have received a notification under the last foregoing subsection, or where a local authority themselves bring a child or young person before a court as being in need of care or protection, the probation officer or, as the case may be, the children's officer appointed by such local authority under section forty-one of the Children Act, 1948, shall, except in cases which appear to him to be of a trivial nature, make such investigations and render available to the court such information as to home surroundings as appear to him will assist the court and shall apply to the appropriate education authority for a report (which that authority shall have a duty to give) furnishing such information as to the school record, health and character of the child or young person, and, in proper cases, as to the availability of approved schools, as shall appear to the education authority to be likely to assist the court."

In section fifty-three, for subsection (3) there shall be substituted the following subsection:—

" (3) The attainment of the age of seventeen years by a probationer shall not deprive a juvenile court of jurisdiction to enforce his attendance and deal with him in respect of any failure to comply with the requirements of the probation order or the commission of a further offence or to amend or discharge the probation order."

In section fifty-eight, for the words " this " Act " there shall be substituted the words

section eighteen of the CriminalJustice (Scotland) Act, 1949 ".

In section fifty-nine, in subsection (1) the words " damages or expenses " and the words " or awarded" wherever they occur, shall cease to have effect.

In section sixty-two, in paragraph (a) of the proviso the words " undergoing " detention in a Borstal Institution or " was " shall cease to have effect and at the end of the proviso there shall be added the following paragraph:—

"(c) in the case of a person who was undergoing detention in a Borstal institution, than the end of the period for which he would have been liable to be detained therein."

In section sixty-three, after the word " enactment ", there shall be inserted the words

whether passed before or afterthe commencement of this Act ".

In section seventy-four, in proviso (a) to subsection (2) for the words " conditions " of a bond " there shall be substituted the words

requirements of a supervision order or probation order ".

In section eighty-one, after subsection (2), there shall be inserted the following subsection:—

" (2a) A local authority may contribute towards the expenditure incurred by any society or person in establishing, enlarging or improving an institution for the purpose of its being used, in accordance with an arrangement with the authority, as a remand home for the area of that authority, such sums, and subject to such conditions, as the authority think fit; and subsection (5) of section seventy-five of the Criminal Justice (Scotland) Act, 1949, shall apply to any sums so paid as it applies to the payments referred to in that subsection."

In section eighty-two, for subsection (3) there shall be substituted the following subsection:—

" (3) The Secretary of State shall cause remand homes to be inspected and may make rules for their inspection, regulation and management, and for the classification, treatment, employment, discipline and control of persons detained in custody therein, and for the visitation of such persons from time to time by persons appointed in accordance with the rules."

In section eighty-six, in subsection (1) for the words " and may (any other Act to " the contrary notwithstanding) be " brought " there shall be substituted the words

and brought back to his school;and (notwithstanding any enactment " regulating the time within which and " the court before which proceedings " may be brought) any such person may, " whether or not he is brought back, be " brought, with the authority of the " Secretary of State, at any time ".

In section ninety-four, in subsection (5) for the words " conditions of a bond " there shall be substituted the words

require-ments of a supervision order or proba-" tion order ".

The National Service Act, 1947.

10 & 11 Geo. 6. c. 31.

In the First Schedule, in paragraph 1 after the words " preventive detention " there shall be inserted the words

correc-

tive training" and for the words " Borstal Institution" there shall be substituted the words

detention centre ;or was or would, if he had not been " unlawfully at large, have been detained " in a Borstal institution ".

The Police Pensions Act, 1948.

11 & 12 Geo. 6. c. 24.

In section four, in subsection (1) after the words " penal servitude " there shall be inserted the words

preventive deten-tion or corrective training ".

The Criminal Justice Act, 1948.

11 & 12 Geo. 6. c. 58.

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

" Probation orders relating to persons residing in Scotland.

" 9.—

(1) Where the court by which a probation order is made under section three of this Act is satisfied that the offender resides or will reside in Scotland, subsection (2) of that section shall not apply to the order, but the order shall specify as the appropriate court for the purposes of this section a court of summary jurisdiction (which, in the case of an offender convicted on indictment, shall be the sheriff court) having jurisdiction in the place in Scotland in which the offender resides or will reside.

(2) Where a probation order has been made under section three of this Act and the supervising court is satisfied that the probationer proposes to reside or is residing in Scotland, the power of that court to amend the order under the First Schedule to this Act shall include power to amend it by substituting for the provisions required by subsection (2) of the said section three the provisions required by subsection (1) of this section ; and the court may so amend the order without summoning the probationer and without his consent.

(3) Notwithstanding anything in the foregoing provisions of this Part of this Act, an order as made or amended under this section shall not require the offender to reside in any institution, or to submit to treatment for his mental condition, but without prejudice to any power of a court in Scotland to impose any such requirement under the next following subsection.

(4) Subsections (1) to (3) of section five and subsections (1) and (2) of section six of this Act shall not apply to any order made or amended under this section ; but the provisions of the Criminal Justice (Scotland) Act, 1949 (except paragraph (b) of subsection (2) of section five and section six of that Act) shall apply to the order as if it were a probation order made under section two of that Act and as if the court specified in the order as the appropriate court had been named as such under subsection (2) of that section.

(5) If in the case of a probation order made or amended under this section the appropriate court (as defined by the Criminal Justice (Scotland) Act, 1949) is satisfied that the probationer has failed to comply with any requirement of the probation order, the court may, instead of dealing with him in any manner authorised by the said Act, commit him to custody or release him on bail until he can be brought or appear before the court in England by which the probation order was made, and, if it so commits him or releases him on bail,—

(a) the court shall send to the said court in England a certificate certifying that the probationer has failed to comply with such of the requirements of the probation order as may be specified in the certificate, together with such other particulars of the case as may be desirable;

(b) that court shall have the same powers as if the probationer had been brought or appeared before it in pursuance of a warrant or summons issued under subsection (1) of section six of this Act ;

and a certificate purporting to be signed by the clerk of the appropriate court shall be admissible as evidence of the failure before the court which made the probation order.

(6) In relation to a probation order made or amended under this section, the appropriate court (as defined by the Criminal Justice (Scotland) Act, 1949) shall have jurisdiction for the purposes of subsection (1) of section eight of this Act; and paragraph (a) of the proviso to subsection (3) of that section shall not apply to any summons or warrant issued under that section by that court.

(7) The court by which a probation order is made or amended under this section shall send three copies of the order as made or amended to the clerk of the court specified in the order as the appropriate court, together with such documents and information relating to the case as it considers likely to be of assistance to that court; and subsection (6) of section three of this Act, or paragraph 6 of the First Schedule to this Act, as the case may be, shall not apply to any such order.

(8) Where a probation order which is amended under subsection (2) of this section is an order to which the provisions of this Act apply by virtue of section seven of the Criminal Justice (Scotland) Act, 1949 (which relates to probation orders under that Act relating to persons residing in England), then, notwithstanding anything in that section or this section, the order shall, as from the date of the amendment, have effect in all respects as if it were an order made under section two of that Act in the case of a person residing in Scotland, and as if the court specified as the appropriate court in the order as so amended had been named as such under subsection (2) of the said section two."

In section twenty-three after subsection (2) there shall be inserted the following subsection:—

" (3) For the purposes of subsections (1) and (2) of section twenty-one of this Act a certificate purporting to be signed by or on behalf of the Lord Advocate that an offence is punishable on indictment in Scotland with imprisonment for a term of two years or more shall be evidence of the matter so certified."

At the end of section fifty-two there shall be added the following subsection :—

" (5) Rules made under this section may provide for the temporary release of persons serving a sentence of imprisonment, corrective training, preventive detention, or Borstal training."

In section fifty-seven, in subsection (1), for the words from " subject to such conditions " to the end of the subsection there shall be substituted the words

subject to compliance with such conditions, if any, as the Secretary of State may from time to time determine.

In section sixty-one, in subsection (5), for the words from " The provisions of Part I " to " that Schedule " there shall be substituted

The provisions of the Seventh Schedule to this Act.

At the end of section sixty-five there shall be added the following subsection:—

" (4) For the purposes of this section a person who, after being temporarily released in pursuance of rules made under subsection (5) of section fifty-two of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made by the Prison Commissioners in pursuance of the rules." In the Eighth Schedule, after sub-paragraph (2) of paragraph 1, there shall be inserted the following sub-paragraph :—

" (2a) In the case of a person who is deemed by virtue of the last foregoing sub-paragraph to have been released on licence under section fifty-seven of this Act, the Secretary of State may, without recalling him to prison, substitute for the licence granted under the Penal Servitude Acts, 1853 to 1891, a licence under the said section fifty-seven.'"

TWELFTH SCHEDULEEnactments Repealed

Session and Chapter.Short Title.Extent of Repeal.
3 Geo. 4. c. 114The Hard Labour Act, 1822.The whole Act.
5 Geo. 4. c, 84The Transportation Act, 1824.The whole Act.
11 Geo. 4 & 1 Will. 4. c. 39.The Transportation Act, 1830.Section two.
4 & 5 Will. 4. c. 67.The Transportation Act, 1834.The whole Act.
5&6Vict. c. 61The South Australia Act, 1842.The whole Act.
6 & 7 Vict. c. 7The Transportation Act, 1843.The whole Act.
10 & 11 Vict. c. 67.The Transportation Act, 1847.Section two.
16 & 17 Vict. c. 99.The Penal Servitude Act, 1853.The whole Act.
20 & 21 Vict. c 3.The Penal Servitude Act, 1857.The whole Act except sections two and six.
23 & 24 Vict. c. 105.The Prisons (Scotland) Act, i860.Sections seventy-two and seventy-three.
27 & 28 Vict. c. 47.The Penal Servitude Act, 1864.The whole Act.
34 & 35 Vict. c. 112.The Prevention of Crimes Act, 1871.Sections three to five and eight.
40 & 41 Vict. C 53.The Prisons (Scotland) Act, 1877.

Section six.

In section ten, the words " and enforcement of hard labour ".

Sections fourteen, fifteen, twenty-seven.

In section twenty-eight, the words from " may from time to time " to " convicted criminal prisoners, and ".

Sections twenty-nine, thirty-seven, forty-four to fifty, fifty-two, fifty-eight and sixty-four.

42 & 43 Vict. c 55.The Prevention of Crime Act, 1879.The whole Act.
50 & 51 Vict. c 35.The Criminal Procedure (Scotland) Act, 1887.

In section nineteen, the words " previous conviction or " and the words from " every such conviction " to the end of the section.

In section twenty-seven, the words " and any extract convictions that are to be produced " and the words from " and where " to the end of the section.

In section twenty-nine, the words " and extract convictions relative thereto ".

In section thirty-one, the words '' other than productions to prove previous convictions ".

In sections sixty-three, sixty-four and sixty-five the words " Extracts of " .

In section sixty-six, the words from " such conviction shall be held" to " notice is given ".

In Schedule A, in the first of the examples of indictments, from " add in case

toas the case may be ".

54 & 55 Vict. c. 69.The Penal Servitude Act, 1891.

In section one, in subsection (2) the words " with or without hard labour ".

Sections two to six and ten.

7 Edw. 7. c. 17The Probation of Offenders Act, 1907.The whole Act.
8 Edw. 7. c. 59The Prevention of Crime Act, 1908.The whole Act.
8 Edw. 7. c. 65The Summary Jurisdiction (Scotland) Act, 1908.

In section seven, in paragraph (1) the words " with or without hard labour ".

In section eleven in paragraph (4) the words " with or without hard labour ".

In section twelve, the words " with or without hard labour ".

In section forty-three, the words " with or without hard labour" and paragraph (2).

In section seventy-seven, in paragraph (4) the words " and forty-eight ".

In Schedule B, in sections sixty-three, sixty-four and sixty-five of the Criminal Procedure (Scotland) Act, 1887 as applied to summary proceedings the words " Extracts of ".

In Schedule C, the words from "A statutory charge" to the end of the List of Previous Convictions.

Schedule E, so far as it relates to the probation of offenders.

9 Edw. 7. c. 2The Prisons (Scotland) Act, 1909.The whole Act.
3 & 4 Geo. 5. c 38-The Mental Deficiency and Lunacy (Scotland) Act, 1913.

Section nine, so far as it relates to persons charged with offences.

In section twenty-five, in subsection (2), the proviso.

4 & 5 Geo. 5. c. 58.The Criminal Justice Administration Act, 1914.

Sections seven to nine, eleven and twenty-six.

In section forty-two, paragraphs (8) and (11).

15 & 16 Geo. 5. c. 81.The Circuit Courts and Criminal Procedure (Scotland) Act, 1925.

In section three, the words from " omitting so far as necessary

toconvictions and ".

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

In section nine, subsections (3) and (5).

In section sixteen, the words from " petition for" to " reference to the " and the word "to" in the second place where it occurs.

16 & 17 Geo. 5. c 58.The Penal Servitude Act, 1926.The whole Act.
21 & 22 Geo. 5. c 30.The Probation of Offenders (Scotland) Act, I93i-The whole Act.
23 & 24 Geo. 5. c. 20.The False Oaths (Scotland) Act, 1933.In section two, the words " with or without hard labour ".
25 & 26 Geo. 5. c 32.The Criminal Lunatics (Scotland) Act, 1935.In section one, subsection (1) and sections two, three and seven.
26 Geo. 5 & 1 Edw. 8. c. 16.The Coinage Offences Act, 1936.In section twelve, in subsection (1) the words "penal servitude or ".
1 Edw. 8 & 1 Geo. 6. c. 12.The Firearms Act, 1937.

In section twenty-one, in paragraph (b) of subsection (2) the words " is subject to the supervision of the police or ".

In section twenty-five, in subsection (1) the words "to be subject to police supervision or ".

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

Section forty-one.

Section fifty-six.

In section fifty-seven, in subsection (2) the words " notwithstanding anything in the other provisions of this Act".

In section sixty-two, in proviso (a), the words " undergoing detention in a Borstal Institution or was ".

Section sixty-four.

In section seventy, subsection (3).

In section eighty-six, in subsection (1) the words from " and that court" to the end of the subsection.

In the Second Schedule, in paragraph 8 the words from " and that court " to the end of the paragraph.

1 & 2 Geo. 6. c. 48.The Criminal Procedure (Scotland) Act, 1938.'Section ten.
9 & 10 Geo. 6. c. 72.The Education (Scotland) Act, 1946.In section one hundred and forty-two, in subsection (1), the words " subsection (3) of section fifty-six and ".
11 & 12 Geo. 6. c. 38.The Companies Act, 1948Section four hundred and forty-three.
11 & 12 Geo. 6. c. 43.The Children Act, 1948 ...The Third Schedule, so far as it relates to section forty-three of the Children and Young Persons (Scotland) Act, 1937.
11 & 12 Geo. 6. c. 58.The Criminal Justice Act, 1948.

Section ten.

In section seventy-one, subsection (4) : section eighty-one so far as it relates to sections ten and seventy-one.

Part I of the Seventh Schedule.

Table of Statutes referred to in this Act

Short Title.Session and Chapter.
Treason Act, 179030 Geo. 3. c. 48.
Treason Act, 181454 Geo. 3. c. 146.
Lands Clauses (Consolidation) (Scotland) Act, 18458 & 9 Vict. c. 18.
Lunacy (Scotland) Act, 185720 & 21 Vict. c. 71.
Prisons (Scotland) Act, i86023 & 24 Vict. c. 105.
Lunacy (Scotland) Act, 186225 & 26 Vict. c. 54.
Lunacy (Scotland) Act, 186629 & 30 Vict. c. 51.
Criminal and Dangerous Lunatics (Scotland) Amendment Act, 187134 & 35 Vict. c. 55.
Prevention of Crimes Act, 187134 & 35'Vict. c. 112.
Prisons (Scotland) Act, 187740 & 41 Vict. c. 21.
Peterhead Harbour of Refuge Act, 188649 & 50 Vict. c. 49.
Criminal Procedure (Scotland) Act, 188750 & 51 Vict. c. 35.
Bail (Scotland) Act, 188851 & 52 Vict. c. 36.
Interpretation Act, 188952 & 53 Vict. c. 68.
Penal Servitude Act, 189154 & 55 Vict. c. 69.
Probation of Offenders Act, 19077 Edw. 7. c. 17.
Post Office Act, 1908.8 Edw. 7. c. 48.
Prevention of Crime Act, 19088 Edw. 7. c. 59.
Summary Jurisdiction (Scotland) Act, 19088 Edw. 7. c. 65.
Mental Deficiency and Lunacy (Scotland) Act, 19133 & 4 Geo. 5. c. 38.
Police Pensions Act, 192111 & 12 Geo. 5. c. 31.
Criminal Appeal (Scotland) Act, 192616 & 17 Geo. 5. c. 15.
Probation of Offenders (Scotland) Act, 193121 & 22 Geo. 5. c. 30.
False Oaths (Scotland) Act, 193323 & 24 Geo. 5. c. 20.
Criminal Lunatics (Scotland) Act, 193525 & 26 Geo. 5. c. 32.
Firearms Act, 19371 Edw. 8 & 1 Geo. 6. c. 12.
Children and Young Persons (Scotland) Act, 19371 Edw. 8 & 1 Geo. 6. c 37-
Local Government Superannuation (Scotland) Act, 19371 Edw. 8 & 1 Geo. 6. c. 69.
Education (Scotland) Act, 19469 & 10 Geo. 6. c. 72.
National Health Service (Scotland) Act, 194710 & 11 Geo. 6. c. 27.
Acquisition of Land (Authorisation Procedure) (Scotland) Act, 194710 & 11 Geo. 6. c. 42.
Local Government (Scotland) Act, 194710 & 11 Geo. 6. c. 43.
Local Government Act, 194811 & 12 Geo. 6. c. 26.
Criminal Justice Act, 194811 & 12 Geo. 6. c. 58.

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