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Criminal Justice (Scotland) Act 1963

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This is the original version (as it was originally enacted).

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  1. Introductory Text

  2. PART I Provisions with respect to sentences and orders inferring detention

    1. Restrictions on Imprisonment and Detention of Young Offenders

      1. 1.Restrictions on detention

    2. Young Offenders Institutions

      1. 2.Young offenders institutions

    3. Borstal Training

      1. 3.Conditions for a sentence of borstal training

      2. 4.Term of detention and supervision under a sentence of borstal training

      3. 5.Detention on recall from supervision under a sentence of borstal training

      4. 6.Recall on re-conviction

    4. Detention Centre

      1. 7.Detention in a detention centre

      2. 8.Term of detention in a detention centre

    5. Transfer of Young Offenders

      1. 9.Transfer between institutions

      2. 10.Transfer to prison of persons over twenty-one, and maximum age for detention in young offenders institution

    6. Supervision of Offenders on Release

      1. 11.Supervision of persons released from detention centres

      2. 12.Supervision of persons released from young offenders institutions

      3. 13.Recall to young offenders institution on re-conviction

      4. 14.Supervision of certain prisoners after release

      5. 15.Termination of supervisory functions of After Care Council

    7. Miscellaneous

      1. 16.Amendment of s. 8 of the Summary Jurisdiction (Scotland) Act 1954

      2. 17.Amendment of First Offenders (Scotland) Act 1960

  3. PART II Approved Schools

    1. 18.Release and supervision

    2. 19.Temporary removal from approved school

    3. 20.Procedure in cases of serious misconduct, etc.

    4. 21.Directions as to management of approved schools

    5. 22.Constitution of managers

  4. PART III Fines and Imprisonment, etc., in default

    1. 23.Maximum fines and caution

    2. 24.Amendment of s. 33 of the Summary Jurisdiction (Scotland) Act 1954

    3. 25.Restriction on power to impose imprisonment for failure to pay fine, etc.

    4. 26.Transfer of fines (including transfer to English court for enforcement, and vice versa)

    5. 27.Payment of fine in part by prisoner convicted on indictment

    6. 28.Increase in fine which may be imposed instead of imprisonment on conviction on indictment for statutory offence

    7. 29.Remission of fine where young offender detained

  5. PART IV Miscellaneous Provisions relating to previous Convictions, Procedure, Warrants, etc.

    1. 30.Previous convictions

    2. 31.Proof of previous convictions by fingerprints

    3. 32.Amendment of ss. 65 and 71 of the Summary Jurisdiction (Scotland) Act 1954

    4. 33.Repeal of s. 22 of the Criminal Justice (Scotland) Act 1949

    5. 34.Warrant of search for forfeited articles

    6. 35.Amendment of s. 26 of the Criminal Procedure (Scotland) Act 1887

    7. 36.Amendment of notice of previous conviction in trial on indictment

    8. 37.Bail and caution

    9. 38.Backing of certain warrants from the Isle of Man

    10. 39.Execution of Scottish warrants in England and vice versa

    11. 40.Service in Scotland of documents under Magistrates' Courts Act 1957

    12. 41.Execution of warrant of sheriff in solemn procedure

    13. 42.Repeal of s. 6 of the Prevention of Crimes Act 1871

    14. 43.Citation in summary proceedings

    15. 44.Summary prosecution of robbery and assault

    16. 45.Amendment of s. 4 of Summary Jurisdiction (Scotland) Act 1954

    17. 46.Increase in maximum period of adjournment on special cause shown

    18. 47.Deferred sentence

  6. PART V legal aid in criminal proceedings

    1. 48.Legal aid in criminal proceedings

  7. PART VI Supplemental

    1. 49.Provision for additional judges

    2. 50.General provisions as to orders

    3. 51.Interpretation

    4. 52.Minor and consequential amendments and repeals

    5. 53.Extension to England, Northern Ireland, the Isle of Man and the Channel Islands

    6. 54.Financial provisions

    7. 55.Commencement

    8. 56.Short title

  8. SCHEDULES

    1. SCHEDULE 1

      Supervision of certain Discharged Prisoners

      1. PART I Supervision within Scotland

        1. General Provisions

          1. 1.Subject to the provisions of this Schedule, every person to...

          2. 2.Before the release of any such person from prison, the...

          3. 3.At any time during the period referred to in paragraph...

        2. Return to prison in case of breach of supervision

          1. 4.(1) If, on sworn information laid by or on behalf...

          2. 5.Proceedings for an order under the last foregoing paragraph may...

          3. 6.A warrant issued for the purposes of proceedings for an...

          4. 7.Where a person while under supervision under this Schedule is...

          5. 8.The Secretary of State may at any time release from...

        3. Supplementary

          1. 9.In any proceedings, a certificate purporting to be signed by...

          2. 10.For the purposes of Part III of the Criminal Justice...

      2. PART II Application to England and Wales, Northern Ireland, Channel Islands and the Isle of Man

        1. England and Wales and Northern Ireland

          1. 11.In relation to proceedings in England and Wales or in...

          2. 12.Where an order is made by any court in England...

          3. 13.In relation to a person detained by virtue of such...

        2. Channel Islands and Isle of Man

          1. 14.Her Majesty may, by Order in Council, make such provision...

        3. General

          1. 15.The enactments authorising warrants of arrest for criminal offences issued...

    2. SCHEDULE 2

      Supervision of Persons Released from Approved Schools

      1. PART I Compulsory Supervision

        1. 1.(1) A person released from an approved school shall until...

        2. 2.(1) The managers of an approved school from which a...

        3. 3.The managers of an approved school in which a person...

        4. 4.For the purposes of the application of paragraphs 1 to...

        5. 5.For the purposes of the Children and Young Persons (Scotland)...

        6. 6.(1) An order of the Secretary of State under paragraph...

      2. PART II Further Advice and Assistance

        1. 7.Where a person under the supervision of the managers of...

        2. 8.Where, in the case of a person to whom paragraph...

    3. SCHEDULE 3

      Transfer of Fines

      1. PART I

        1. The Summary Jurisdiction (Scotland) Act 1954 (2 & 3 Eliz. 2. c. 48)

      2. PART II

        1. The Magistrates' Courts Act, 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 55)

    4. SCHEDULE 4

      Amendment of Legal Aid (Scotland) Act 1949

      1. Legal Aid in Criminal Proceedings

    5. SCHEDULE 5

      Minor and Consequential Amendments

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

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

      3. The Family Allowances Act 1945 (8 & 9 Geo. 6 c. 41)

      4. The Children Act 1948 (11 & 12 Geo. 6 c. 43)

      5. The Criminal Justice (Scotland) Act 1949 (12, 13 & 14 Geo. 6. c. 94)

      6. The Prisons (Scotland) Act 1952 (15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.)

      7. The Summary Jurisdiction (Scotland) Act 1954 (2 & 3 Eliz. 2. c. 48.)

      8. The First Offenders Act 1958 (6 & 7 Eliz. 2, c. 31.)

      9. First Offenders (Scotland) Act 1960 (8 & 9 Eliz. 2 c. 23)

      10. Mental Health (Scotland) Act 1960 (8 & 9 Eliz. 2 c. 61)

      11. Criminal Justice Act 1961 (9 & 10 Eliz. 2 c. 39)

    6. SCHEDULE 6

      Enactments Repealed

      1. Table of Statutes referred to in this Act

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