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Criminal Justice Act 1961

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Powers of Courts in respect of Young Offenders

    1. Borstal Training and Imprisonment

      1. 1.Conditions for and term of sentence of borstal training

      2. 2.Serious offences by children and young persons

      3. 3.Elimination of intermediate and short prison sentences

    2. Detention Centre and Remand Home

      1. 4.Detention of offenders aged 14 to 20

      2. 5.Detention of defaulters aged 14 to 16

      3. 6.Defaulters already detained in detention centre

      4. 7.Consecutive terms and aggregate periods of detention

    3. Fine, Probation and Attendance Centre

      1. 8.Fines for young offenders

      2. 9.Breach of probation, etc.

      3. 10.Attendance at attendance centres

  3. PART II Treatment and Supervision of Prisoners and other Detained Persons

    1. Borstal Institutions and Detention Centres

      1. 11.Term of detention and supervision under sentence of borstal training

      2. 12.Return to borstal institution on re-conviction

      3. 13.Supervision after release from detention centre

    2. Approved Schools

      1. 14.Release and supervision

      2. 15.Temporary removal from approved school

      3. 16.Removal to borstal institution

      4. 17.Proceedings for removal under s. 16

      5. 18.Directions as to management of approved schools

      6. 19.Constitution of managers

    3. Miscellaneous

      1. 20.Supervision of certain prisoners after release

      2. 21.Repeal of provisions for notifying address

      3. 22.Penalties for assisting escape from prison, etc.

      4. 23.Prison Rules

      5. 24.Management of prisons, etc.

      6. 25.Reports to Parliament on approved schools, remand homes and attendance centres

  4. PART III Transfer, Supervision and Recall of Prisoners within the British Islands

    1. 26.Transfer to serve sentence

    2. 27.Temporary transfer

    3. 28.Transferror trial

    4. 29.Removal for other judicial purposes

    5. 30.Prisoners unlawfully at large

    6. 31.Subsequent sentence in case of persons transferred or removed under Part III

    7. 32.Supervision and recall

    8. 33.Orders under Part III

  5. PART IV Supplemental

    1. 34.Removals from prison consequential on Part I

    2. 35.Legal custody

    3. 36.General provisions as to orders

    4. 37.Prison Commissioners' reports

    5. 38.Construction of references to sentences of imprisonment, etc.

    6. 39.Interpretation

    7. 40.Legislative powers of Parliament of Northern Ireland

    8. 41.Minor and consequential amendments and repeals

    9. 42.Application to Scotland and Northern Ireland

    10. 43.Expenses

    11. 44.Commencement

    12. 45.Short title

  6. SCHEDULES

    1. FIRST SCHEDULE

      Supervision of Persons Released from Detention Centres

      1. 1.A person detained in a detention centre in pursuance of...

      2. 2.If before the expiration of the said period of twelve...

      3. 3.The Prison Commissioners may at any time release a person...

    2. SECOND SCHEDULE

      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 Act,...

        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. THIRD SCHEDULE

      Supervision of Certain Discharged Prisoners

      1. PART I Supervision within England and Wales

        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 for which a person...

          4. 4.The Prison Commissioners may, by notice in writing served on...

        2. Return to prison in case of breach of supervision

          1. 5.Any person who, being under supervision under this Schedule, fails...

          2. 6.Subject to the following provisions of this Schedule, the Magistrates'...

          3. 7.Proceedings for an order under paragraph 5 above may be...

          4. 8.A warrant issued under the said section one for the...

          5. 9.If, on the hearing of any such proceedings, the court...

          6. 10.If any person while under supervision under this Schedule is...

          7. 11.The Prison Commissioners may at any time release from '...

        3. Supplementary

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

          2. 13.In any proceedings, a certificate purporting to be signed by...

          3. 14.In this Schedule " the Society " means the Central...

          4. 15.Any notice to be served under paragraph 4 of this...

          5. 16.For the purposes of Part III of this Act, a...

      2. PART II Modification of Part I as Extended Outside England and Wales

        1. Scotland

          1. 17.In relation to anything falling to be done in Scotland...

          2. 18.In relation to proceedings in Scotland, paragraph 5 of this...

          3. 19.In any proceedings in Scotland, a certificate or notice which,...

          4. 20.Where an order is made by any court in Scotland...

          5. 21.In relation to a person detained by virtue of an...

        2. Northern Ireland

          1. 22.In relation to anything falling to be done in Northern...

          2. 23.In relation to proceedings in Northern Ireland, paragraphs 5 to...

          3. 24.Where an order is made by a court in Northern...

          4. 25.In relation to a person detained by virtue of an...

        3. Channel Islands and Isle of Man

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

        4. General

          1. 27.In relation to anything falling to be done outside England...

          2. 28.The enactments authorising warrants of arrest for criminal offences issued...

    4. FOURTH SCHEDULE

      Minor and Consequential Amendments

    5. FIFTH SCHEDULE

      Enactments Repealed

    6. SIXTH SCHEDULE

      Enactments relating to borstal training as they will have effect, subject to s. 41 (3) of this Act and to s. 18 (6) of the Legal Aid and Advice Act, 1949, when all amendments made in them by this Act operate

      1. CRIMINAL JUSTICE ACT, 1948, s. 20

      2. MAGISTRATES' COURTS ACT, 1952, s. 28

      3. PRISON ACT, 1952, s. 45

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