Criminal Justice (Scotland) Act 1963

Section 14.

SCHEDULE 1 S Supervision of certain Discharged Prisoners

Part I S Supervision within Scotland

S

F1 1–3 S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 paras. 1-3 repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

Return to prison in case of breach of supervision S

4—10. S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

F2 Ss. 13, 16, 17, 23–25, 26(1), 27–47, Sch. 1 paras. 4–10, Sch. 3 Pt. I repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I

Part II S Application to England and Wales, Northern Ireland, Channel Islands and the Isle of Man

England and Wales and Northern Ireland S

11 S In relation to proceedings in England and Wales or in Northern Ireland, [F3 sections 214(1) to (6) and 423(1) to (6) of the M1 Criminal Procedure (Scotland) Act 1975] shall not apply, but paragraphs 5 to 10 of Schedule 3 to the M2 Criminal Justice Act 1961 shall apply as they apply in relation to proceedings in England and Wales and Northern Ireland respectively in respect of a person under supervision under that Schedule, subject to the modification that in paragraph 5 of the said Schedule 3 for sub-paragraphs (a) and (b) there shall be [F3 substituted paragraphs (a) and (b) of section 214(2) or 423(2) of the said Act of 1975].

Textual Amendments

F3 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 36

Marginal Citations

M1 1975 c. 21.

M2 1961 c. 39.

12 S Where an order is made by any court in England and Wales or Northern Ireland under the enactments applied by the last foregoing paragraph sending back to prison a person under supervision, the court shall commit him to a prison in England and Wales or in Northern Ireland, as the case may be; but the responsible Minister within the meaning of section 26 of the Criminal Justice Act 1961 may, without application in that behalf, make at any time an order under that section transferring him to a prison in Scotland.

13 S In relation to a person detained by virtue of such an order as aforesaid in a prison in Northern Ireland, [F4 section 214(7) or 423(7) of the M3 Criminal Procedure (Scotland) Act 1975 F5 . . .] shall have effect as if for references to the Secretary of State there were substituted references to the [F6 Department] of Home Affairs for Northern Ireland.

Textual Amendments

F4 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 37

F5 Words in Sch. 1 para. 13 repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I; S.I. 1993/2050, art. 3(4) (with savings in art. 4)

F6 Words substituted by virtue of Northern Ireland Constitution Act 1973 (c. 36), Sch. 5 para. 8(1)

Marginal Citations

M3 1975 c. 21.

Channel Islands and Isle of Man S

14 S 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 . . . F7 [F8 section 214 or 423 of the M4 Criminal Procedure (Scotland) Act 1975] to any of the Channel Islands or to the Isle of Man.

Textual Amendments

F7 Words repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3

F8 Words inserted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 38

Marginal Citations

M4 1975 c. 21.

General S

15 S 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 [F9 section 214 or 423 of the M5 Criminal Procedure (Scotland) Act 1975] as they apply to such warrants as aforesaid.

Textual Amendments

F9 Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 39

Marginal Citations

M5 1975 c. 21.