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Criminal Procedure (Consequential Provisions) (Scotland) Act 1995

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Detention of children in summary proceedingsS

8Notwithstanding the repeal by Schedule 2 of the M1Criminal Justice (Scotland) Act 1987 of section 58A of the M2Children and Young Persons (Scotland) Act 1937, any child who, before 1 April 1988 (the date of commencement of section 59 of the said Act of 1987), had been ordered to be detained pursuant to the directions of the Secretary of State under section 413 of the M3Criminal Procedure (Scotland) Act 1975—S

(a)shall, while so detained after such date, continue to be deemed to be in legal custody; and

(b)may at any time be released conditionally or unconditionally by the Secretary of State, and any such child conditionally released shall be liable to recall on the directions of the Secretary of State and if he fails to comply with any condition of his release he may be apprehended without warrant and taken to the place from which he was released.

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M21 Edw 8 and 1 Geo 6. c. 37

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