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Criminal Justice (Scotland) Act 1949

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This is the original version (as it was originally enacted).

EIGHTH SCHEDULERelease of Young Offenders from Prison on Licence

1A person released on licence under section fifty-six of this Act shall until the expiration of his sentence be under the supervision of such society or person as may be specified in the licence and shall comply with such other requirements as may be so specified:

Provided that the Secretary of State may at any time modify or cancel any such requirements.

2If before the expiration of his sentence the Secretary of State is satisfied that a person released as aforesaid has failed to comply with any requirement for the time being specified in the licence he may by order recall him to a prison; and thereupon he shall be liable to be detained in prison until the expiration of his sentence and, if at large, shall be deemed to be unlawfully at large.

3The Secretary of State may release on licence a person detained in a prison under the last foregoing paragraph at any time before the expiration of his sentence; and the foregoing provisions of this Schedule shall apply in the case of a person released under this paragraph as they apply in the case of a person released under section fifty-six of this Act.

4Where the unexpired part of the sentence of a person released under the said section fifty-six is less than six months, the provisions of this Schedule shall apply to him subject to the following modifications—

(a)the period for which he is under supervision under paragraph 1, and is liable to recall under paragraph 2, shall be a period of six months from the date of his release under the said section fifty-six;

(b)if he is recalled under paragraph 2, the period for which he may be detained thereunder shall be whichever is the shorter of the following, that is to say—

(i)the remainder of the said period of six months; or

(ii)the part of his sentence which was unexpired on the date of his release under the said section fifty-six reduced by any time during which he has been so detained since that date;

and he may be released on licence under paragraph 3 at any time before the expiration of that period.

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