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Criminal Justice (Scotland) Act 1949

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This is the original version (as it was originally enacted).

TWELFTH SCHEDULEEnactments Repealed

Session and Chapter.Short Title.Extent of Repeal.
3 Geo. 4. c. 114The Hard Labour Act, 1822.The whole Act.
5 Geo. 4. c, 84The Transportation Act, 1824.The whole Act.
11 Geo. 4 & 1 Will. 4. c. 39.The Transportation Act, 1830.Section two.
4 & 5 Will. 4. c. 67.The Transportation Act, 1834.The whole Act.
5&6Vict. c. 61The South Australia Act, 1842.The whole Act.
6 & 7 Vict. c. 7The Transportation Act, 1843.The whole Act.
10 & 11 Vict. c. 67.The Transportation Act, 1847.Section two.
16 & 17 Vict. c. 99.The Penal Servitude Act, 1853.The whole Act.
20 & 21 Vict. c 3.The Penal Servitude Act, 1857.The whole Act except sections two and six.
23 & 24 Vict. c. 105.The Prisons (Scotland) Act, i860.Sections seventy-two and seventy-three.
27 & 28 Vict. c. 47.The Penal Servitude Act, 1864.The whole Act.
34 & 35 Vict. c. 112.The Prevention of Crimes Act, 1871.Sections three to five and eight.
40 & 41 Vict. C 53.The Prisons (Scotland) Act, 1877.

Section six.

In section ten, the words " and enforcement of hard labour ".

Sections fourteen, fifteen, twenty-seven.

In section twenty-eight, the words from " may from time to time " to " convicted criminal prisoners, and ".

Sections twenty-nine, thirty-seven, forty-four to fifty, fifty-two, fifty-eight and sixty-four.

42 & 43 Vict. c 55.The Prevention of Crime Act, 1879.The whole Act.
50 & 51 Vict. c 35.The Criminal Procedure (Scotland) Act, 1887.

In section nineteen, the words " previous conviction or " and the words from " every such conviction " to the end of the section.

In section twenty-seven, the words " and any extract convictions that are to be produced " and the words from " and where " to the end of the section.

In section twenty-nine, the words " and extract convictions relative thereto ".

In section thirty-one, the words '' other than productions to prove previous convictions ".

In sections sixty-three, sixty-four and sixty-five the words " Extracts of " .

In section sixty-six, the words from " such conviction shall be held" to " notice is given ".

In Schedule A, in the first of the examples of indictments, from " add in case

toas the case may be ".

54 & 55 Vict. c. 69.The Penal Servitude Act, 1891.

In section one, in subsection (2) the words " with or without hard labour ".

Sections two to six and ten.

7 Edw. 7. c. 17The Probation of Offenders Act, 1907.The whole Act.
8 Edw. 7. c. 59The Prevention of Crime Act, 1908.The whole Act.
8 Edw. 7. c. 65The Summary Jurisdiction (Scotland) Act, 1908.

In section seven, in paragraph (1) the words " with or without hard labour ".

In section eleven in paragraph (4) the words " with or without hard labour ".

In section twelve, the words " with or without hard labour ".

In section forty-three, the words " with or without hard labour" and paragraph (2).

In section seventy-seven, in paragraph (4) the words " and forty-eight ".

In Schedule B, in sections sixty-three, sixty-four and sixty-five of the Criminal Procedure (Scotland) Act, 1887 as applied to summary proceedings the words " Extracts of ".

In Schedule C, the words from "A statutory charge" to the end of the List of Previous Convictions.

Schedule E, so far as it relates to the probation of offenders.

9 Edw. 7. c. 2The Prisons (Scotland) Act, 1909.The whole Act.
3 & 4 Geo. 5. c 38-The Mental Deficiency and Lunacy (Scotland) Act, 1913.

Section nine, so far as it relates to persons charged with offences.

In section twenty-five, in subsection (2), the proviso.

4 & 5 Geo. 5. c. 58.The Criminal Justice Administration Act, 1914.

Sections seven to nine, eleven and twenty-six.

In section forty-two, paragraphs (8) and (11).

15 & 16 Geo. 5. c. 81.The Circuit Courts and Criminal Procedure (Scotland) Act, 1925.

In section three, the words from " omitting so far as necessary

toconvictions and ".

16 & 17 Geo, 5. c 15.The Criminal Appeal (Scotland) Act, 1926.

In section nine, subsections (3) and (5).

In section sixteen, the words from " petition for" to " reference to the " and the word "to" in the second place where it occurs.

16 & 17 Geo. 5. c 58.The Penal Servitude Act, 1926.The whole Act.
21 & 22 Geo. 5. c 30.The Probation of Offenders (Scotland) Act, I93i-The whole Act.
23 & 24 Geo. 5. c. 20.The False Oaths (Scotland) Act, 1933.In section two, the words " with or without hard labour ".
25 & 26 Geo. 5. c 32.The Criminal Lunatics (Scotland) Act, 1935.In section one, subsection (1) and sections two, three and seven.
26 Geo. 5 & 1 Edw. 8. c. 16.The Coinage Offences Act, 1936.In section twelve, in subsection (1) the words "penal servitude or ".
1 Edw. 8 & 1 Geo. 6. c. 12.The Firearms Act, 1937.

In section twenty-one, in paragraph (b) of subsection (2) the words " is subject to the supervision of the police or ".

In section twenty-five, in subsection (1) the words "to be subject to police supervision or ".

1 Edw. 8 & 1 Geo. 6. c 37.The Children and Young Persons (Scotland) Act, 1937-

Section forty-one.

Section fifty-six.

In section fifty-seven, in subsection (2) the words " notwithstanding anything in the other provisions of this Act".

In section sixty-two, in proviso (a), the words " undergoing detention in a Borstal Institution or was ".

Section sixty-four.

In section seventy, subsection (3).

In section eighty-six, in subsection (1) the words from " and that court" to the end of the subsection.

In the Second Schedule, in paragraph 8 the words from " and that court " to the end of the paragraph.

1 & 2 Geo. 6. c. 48.The Criminal Procedure (Scotland) Act, 1938.'Section ten.
9 & 10 Geo. 6. c. 72.The Education (Scotland) Act, 1946.In section one hundred and forty-two, in subsection (1), the words " subsection (3) of section fifty-six and ".
11 & 12 Geo. 6. c. 38.The Companies Act, 1948Section four hundred and forty-three.
11 & 12 Geo. 6. c. 43.The Children Act, 1948 ...The Third Schedule, so far as it relates to section forty-three of the Children and Young Persons (Scotland) Act, 1937.
11 & 12 Geo. 6. c. 58.The Criminal Justice Act, 1948.

Section ten.

In section seventy-one, subsection (4) : section eighty-one so far as it relates to sections ten and seventy-one.

Part I of the Seventh Schedule.

Table of Statutes referred to in this Act

Short Title.Session and Chapter.
Treason Act, 179030 Geo. 3. c. 48.
Treason Act, 181454 Geo. 3. c. 146.
Lands Clauses (Consolidation) (Scotland) Act, 18458 & 9 Vict. c. 18.
Lunacy (Scotland) Act, 185720 & 21 Vict. c. 71.
Prisons (Scotland) Act, i86023 & 24 Vict. c. 105.
Lunacy (Scotland) Act, 186225 & 26 Vict. c. 54.
Lunacy (Scotland) Act, 186629 & 30 Vict. c. 51.
Criminal and Dangerous Lunatics (Scotland) Amendment Act, 187134 & 35 Vict. c. 55.
Prevention of Crimes Act, 187134 & 35'Vict. c. 112.
Prisons (Scotland) Act, 187740 & 41 Vict. c. 21.
Peterhead Harbour of Refuge Act, 188649 & 50 Vict. c. 49.
Criminal Procedure (Scotland) Act, 188750 & 51 Vict. c. 35.
Bail (Scotland) Act, 188851 & 52 Vict. c. 36.
Interpretation Act, 188952 & 53 Vict. c. 68.
Penal Servitude Act, 189154 & 55 Vict. c. 69.
Probation of Offenders Act, 19077 Edw. 7. c. 17.
Post Office Act, 1908.8 Edw. 7. c. 48.
Prevention of Crime Act, 19088 Edw. 7. c. 59.
Summary Jurisdiction (Scotland) Act, 19088 Edw. 7. c. 65.
Mental Deficiency and Lunacy (Scotland) Act, 19133 & 4 Geo. 5. c. 38.
Police Pensions Act, 192111 & 12 Geo. 5. c. 31.
Criminal Appeal (Scotland) Act, 192616 & 17 Geo. 5. c. 15.
Probation of Offenders (Scotland) Act, 193121 & 22 Geo. 5. c. 30.
False Oaths (Scotland) Act, 193323 & 24 Geo. 5. c. 20.
Criminal Lunatics (Scotland) Act, 193525 & 26 Geo. 5. c. 32.
Firearms Act, 19371 Edw. 8 & 1 Geo. 6. c. 12.
Children and Young Persons (Scotland) Act, 19371 Edw. 8 & 1 Geo. 6. c 37-
Local Government Superannuation (Scotland) Act, 19371 Edw. 8 & 1 Geo. 6. c. 69.
Education (Scotland) Act, 19469 & 10 Geo. 6. c. 72.
National Health Service (Scotland) Act, 194710 & 11 Geo. 6. c. 27.
Acquisition of Land (Authorisation Procedure) (Scotland) Act, 194710 & 11 Geo. 6. c. 42.
Local Government (Scotland) Act, 194710 & 11 Geo. 6. c. 43.
Local Government Act, 194811 & 12 Geo. 6. c. 26.
Criminal Justice Act, 194811 & 12 Geo. 6. c. 58.

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