Criminal Justice Act 1948

Section 61.

SEVENTH SCHEDULE

PART I Provisions relating to Persons in England after Discharge from Prisons, etc., in Scotland.

1 In relation to any person who, whether before or after the commencement of this Act, has been discharged from a Borstal institution in Scotland, either on licence or at the expiration of his sentence, and who is for the time being in England, the provisions of sections five and six of the [8 Edw. 7. c. 59.] Prevention of Crime Act, 1908, shall apply as if those sections had not been repealed by this Act.

2 In relation to any person who, whether before or after the commencement of this Act, has been released on licence under section fourteen of the Prevention of Crime Act, 1908, from a prison in Scotland, and who is for the time being in England, the provisions of that section, and of sections fifteen and sixteen of that Act, shah apply as if it had not been repealed by this Act.

3 In relation to any person who, whether before or after the commencement of this Act, has been released on licence under section nine of the [16 & 17 Vict. c. 99.] Penal Servitude Act, 1853, from a prison in Scotland, and who is for the time being in England, the provisions of the Penal Servitude Acts, 1853 to 1891, relating to persons so released, and the provisions of sections three to five of the Prevention of Crimes Act, 1871, and section twenty-six of the [4 & 5 Geo. 5. c. 58.] Criminal Justice Administration Act, 1914, shall apply as if those provisions had not been repealed by this Act.

4 In relation to any person who is subject to the supervision of the police by virtue of a direction given, whether before or after the commencement of this Act, by a court in Scotland under section eight of the Prevention of Crimes Act, 1871, and who is for the time being in England, the provisions of that section and of sections two and four of the Penal Servitude Act, 1891, shall apply as if those provisions had not been repealed by this Act.

5 In relation to any such person as is mentioned in the foregoing provisions of this Schedule, the provisions of section twenty-one of the [1 Edw. 8. & 1 Geo. 6. c. 12.] Firearms Act, 1937, shah have effect as originally enacted and not as amended by this Act.

PART II Provisions Relating to Persons in Scotland after Discharge from Prisons, etc., in England.

6 Where 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 Scotland ; and in relation to any such person, while in Scotland, the said subsection (2) shah extend to Scotland accordingly.

7 Where 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 Second Schedule to this Act, notwithstanding that he is for the time being in Scotland ; and in relation to any such person, while in Scotland, the provisions of that Schedule (other than paragraph I thereof) shall extend to Scotland accordingly.

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

9 Where 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 Sixth Schedule to this Act, notwithstanding that he is for the time being in Scotland ; and in relation to any such person, while in Scotland, the provisions of that Schedule shall extend to Scotland accordingly.

10 Where, 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 Scotland ; and in relation to any such person, while in Scotland, the provisions of that section and of the Fourth Schedule to this Act shall extend to Scotland accordingly, and the reference in paragraph 4 of the said Fourth Schedule to section thirty of the Police Pensions Act, 1921, shall be construed as a reference to that section as it applies to Scotland.