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Prisons (Scotland) Act 1989

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This is the original version (as it was originally enacted).

31Supervision of children after release

(1)A child released after detention under section 206 of the 1975 Act who has not been released on licence during the period of detention may be required, by notice given by the Secretary of State on his release, to be under the supervision of such officer as may be specified in the notice, and to comply, while the notice is in force, with such conditions as may be specified.

(2)Subject to subsection (5) below, the supervision requirement shall not continue after the expiry of the period of 12 months from the date of release.

(3)The Secretary of State may, on giving notice to the person concerned, at any time vary or cancel a requirement or condition specified under subsection (1) above.

(4)A period of supervision required under subsection (1) above shall not extend beyond the date on which the person under supervision attains the age of 23 years.

(5)Where, before a supervision requirement expires, the Secretary of State is satisfied that the person to whom it relates has failed to comply with its terms and either—

(a)the Parole Board so recommends, or

(b)it appears to him to be in the public interest to do so before consultation with the Board is practicable,

he may recall the person to detention for a period not exceeding three months; and a person at large after such recall shall be deemed to be unlawfully at large.

(6)The Secretary of State shall inform a person recalled under subsection (5) above of the reasons for his recall, so that the person may make representations in writing to the Parole Board with respect to his recall; and the Board may, on receipt of such representations, require the Secretary of State to release him forthwith.

(7)The Secretary of State may at any time release a person detained by virtue of subsection (5) above.

(8)The powers conferred by subsection (5) above may be exercised as often as it appears to the Secretary of State that the person concerned has failed to comply with the supervision requirement; but no person may be recalled to detention for periods totalling more than three months by virtue of that subsection.

(9)A recall under subsection (5) above may continue beyond the date of expiry of the supervision requirement unless the person to whom it relates is not in custody at that date.

(10)In this section, “child” has the same meaning as in section 462(1) (interpretation) of the 1975 Act.

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