Criminal Justice Act 1961

Section 41.

FOURTH SCHEDULE Minor and Consequential Amendments

Enactment	Amendment
The Children and Young Persons Act, 1933. 23 & 24 Geo. 5. c. 12.	In section fifty-three, in subsection (2), after the words " detained for such period" there shall be inserted the words " , not exceeding the maximum term of imprisonment with which the offence is punishable in the case of an adult, "; and in subsection (4), after the words " at any time ", in the second place where those words occur, there shall be inserted the words " by notice in writing ", and for the words from " shall return " to the end of the subsection there shall be substituted the words " shall, if at large, be deemed to be unlawfully at large."
	For section fifty-four there shall be substituted the following section— “54 (1) In any case where a court has power, or would have power but for the statutory restrictions upon the imprisonment of young offenders,— (a) to pass sentence of imprisonment on a child or young person found guilty of an offence; or (b) to commit a child to prison for any default, the court may, if it considers that no other method of dealing with him is suitable, commit him to custody in a remand home: Provided that a young person shall not be committed to custody in a remand home by virtue of paragraph (a) of this subsection if the court has power under section four of the Criminal Justice Act, 1961, to make an order for the detention in a detention centre of a person of his age and sex. (2) The term for which a person may be committed to custody in a remand home under this section shall not exceed the maximum term for which he could (or could but for any such restrictions) have been sentenced to imprisonment or committed to prison, as the case may be, and shall not in any case exceed one month. (3) This section applies in relation to the fixing of a term of imprisonment to be served in the event of default of payment of a fine or other sum of money as it applies in relation to committal to prison in default of such payment. (4) In this section ' the statutory restrictions upon the imprisonment of young offenders ' and ' default' have the same meaning as in the Criminal Justice Act, 1961”
	In section seventy-two, in subsection (4), for the words " two months " there shall be substituted the words " six months ", and for the words " twenty pounds " there shall be substituted the words " one hundred pounds ".
	In section seventy-eight, in subsection (4), for the words " two months " there shall be substituted the words " six months ", and for the words " twenty pounds" there shall be substituted the words " one hundred pounds ".
	In section eighty-two, in subsection (1), for the words " or on licence " there shall be substituted the words " or under supervision " ; and in subsection (4), for the words " two months " there shall be substituted the words " six months ", and for the words " twenty pounds " there shall be substituted the words " one hundred pounds ".
	In section eighty-three, in subsection (1), after the word "Act" there shall be inserted the words " and of the Criminal Justice Act, 1961, "; and in subsection (3), for the words " on licence " there shall be substituted the words " under supervision ", and after the word " Act" there shall be inserted the words " and of the Criminal Justice Act, 1961, ".
	In section eighty-eight, in subsection (4), in paragraph (b) after the word " supervision " there shall be inserted the words " or has been removed under section sixteen of the Criminal Justice Act, 1961, to a borstal institution ".
	In the Fourth Schedule, in paragraph 9, in sub-paragraph (2), after the word " aforesaid " there shall be inserted the words " or removed under section sixteen of the Criminal Justice Act, 1961, to a borstal institution "; in sub-paragraph (3), for the words " this Act shall have effect" there shall be substituted the words " this Act and the Criminal Justice Act, 1961, shall have effect "; and in paragraph 12, in sub-paragraph (3), at the end there shall be added the words " or as authorised by paragraph 7 of the Second Schedule to the Criminal Justice Act, 1961 ".
The Children and Young Persons Act, 1938. 1 & 2 Geo. 6. c. 40.	In section six, in subsection (2), after the words " Criminal Justice Act, 1948 " there shall be inserted the words " or under section five, section fifteen or subsection (2) of section seventeen of the Criminal Justice Act, 1961. ".
The Family Allowances Act, 1945. 8 & 9 Geo. 6. c. 41.	In section eleven, in subsection (1), in paragraph (a), for the words from " or seventy-four " to the end of the paragraph there shall be substituted the words " of that Act or Part I of the Second Schedule to the Criminal Justice Act, 1961, and the child is not absent from the school under supervision; ".
The Children Act, 1948. 11 & 12 Geo. 6. c. 43.	In section six, in subsection (4), for the words " under section seventy-four of the said Act of 1933 " there shall be substituted the words " under Part I of the Second Schedule to the Criminal Justice Act, 1961 ", and for the words " the said section seventy-four or " there shall be substituted the words " the said Part I or the said section ".
The Criminal Justice Act, 1948. 11 & 12 Geo. 6. c. 58.	Section eighteen shall cease to have effect.
	In section nineteen, in subsection (1), for the words " section seventeen of this Act or subsections (2) to (6) of section one hundred and seven of the Magistrates' Courts Act, 1952 " there shall be substituted the words " the statutory restrictions upon the imprisonment of young offenders ", and for the word " twelve ", in the first place where that word occurs, there shall be substituted the word " ten ".
	In section twenty, in subsection (1), for the word " sixteen " there shall be substituted the word " fifteen " and for the words from " and the court " to " Borstal institution " there shall be substituted the words " and a sentence of borstal training is available in his case under subsection (2) of section one of the Criminal Justice Act, 1961, "; and in subsection (5), in paragraph (a), for the words " if satisfied of the matters mentioned in subsection (1) of this section " there shall be substituted the words " if a sentence of borstal training is available in his case under subsection (2) of section one of the Criminal Justice Act, 1961, ", and in paragraph (b), for the words from " that in subsection (2) " to the end of the paragraph there shall be substituted the words " specified in subsections (4) and (5) of section eighteen of the Legal Aid and Advice Act, 1949; ".
	In section thirty-eight, in subsection (4), for the words " the Second Schedule to this Act" there shall be substituted the words " section forty-five of the Prison Act, 1952 ".
	In section thirty-nine, in subsection (2), for the words " in pursuance of section eight of the Penal Servitude Act, 1891 " there shall be substituted the words " under or by virtue of any enactment in that behalf in force in any part of the United Kingdom (including an enactment of the Parliament of Northern Ireland) ".
	In section forty-eight, in subsection (2), for the word " twelve " there shall be substituted the word " ten ".
	In section fifty-two, subsection (2) shall cease to have effect.
	In section seventy-two, in subsection (1), for the words " in whose case an approved school order has been made " there shall be substituted the words " who has been ordered to be sent to an approved school ", after the word " original" there shall be inserted the words " approved school or other " and for the words " sixteen years " there shall be substituted the words " fifteen years "; and in subsection (2), after the word " school ", where it first occurs, there shall be inserted the words " or other ", and for the words " seventy-three and seventy-four " there shall be substituted the words " and seventy-three ".
	In section eighty, in subsection (1), in the definition of " Sentence ", after the word " 1933 " there shall be inserted the words " or section five of the Criminal Justice Act, 1961 " , and after that definition there shall be inserted the following definition:— ‘The statutory restrictions upon the imprisonment of young offenders ' has the same meaning as in the Criminal Justice Act, 1961’; and in subsection (4), for the words " this Act or section one hundred and seven of the Magistrates' Courts Act, 1952 " there shall be substituted the words " any enactment ".
The Prison Act, 1952. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 52.	In section thirteen, at the end of subsection (2) there shall be added the words " and while he is being taken to any place to which he is required or authorised by or under this Act to be taken, or is kept in custody in pursuance of any such requirement or authorisation ".
	In section twenty-five, in subsection (2) after the word " sentence ", in the second place where it occurs, there shall be inserted the words " and is not a person to whom section twenty of the Criminal Justice Act, 1961, applies " ; in subsection (3) at the end there shall be inserted the words " or order that a person who is under supervision as aforesaid shall cease to be under supervision. " ; and for subsection (7) there shall be substituted the following subsection:— “(7) A person who is committed to prison in default of payment of a sum adjudged to be paid by a conviction shall be treated for the purposes of subsection (1) of this section, but not for the purpose of subsection (2) thereof, as undergoing a sentence of imprisonment for the term for which he is committed, and consecutive terms of imprisonment shall be treated for all the purposes of this section as one term.”
	In section thirty-nine for the words " two years " there shall be substituted the words " five years ".
	In section forty-three, in subsection (1), in paragraph (b), after the words " the Criminal Justice Act, 1948 " there shall be inserted the words " or the Criminal Justice Act, 1961, " and in paragraph (c), for the word " sixteen " there shall be substituted the word " fifteen ".
	In section forty-four, in subsection (1), for the words " three years ", in both places where those words occur, there shall be substituted the words " two years "; and in subsection (2), after the word " Act" there shall be inserted the words " and of the Criminal Justice Act, 1961 ".
	In section forty-five, in subsection (2), for the words " three years " there shall be substituted the words " two years " and for the words " nine months" there shall be substituted the words " six months "; in subsection (3), for the words " four years from the date of his sentence " there shall be substituted the words " two years from the date of his release "; in subsection (4), for the words " four years from the date of his sentence " (where they first occur) there shall be substituted the words " two years from the date of his release ", and for the words " three years " there shall be substituted the words " two years "; in the proviso to subsection (4), in paragraph (a), for the words " four years from the date of the sentence" there shall be substituted the words " two years from the date of his release ", and in paragraph (b), for the words " and the preceding " to the end of the paragraph there shall be substituted the words " and the provisions of subsection (3) of this section and the preceding provisions of this subsection shall apply on his release under this paragraph as they apply in the case of his original release, except that the references to the period of two years from the date of his release shall be construed as references to the period of two years from the date of his original release. "; and in subsection (5), after the words " as aforesaid " there shall be inserted the words " or after being ordered to be returned to a borstal institution under section twelve of the Criminal Justice Act, 1961 ".
	In section forty-seven, in subsection (5), for the words from " serving " to the end of the subsection there shall be substituted the words " detained in a prison, borstal institution, or detention centre, not being persons committed in custody for trial at assizes or quarter sessions or committed to be sentenced or otherwise dealt with by quarter sessions or remanded in custody by any court ".
	In section forty-nine, in subsection (2), in paragraph (a) after the word " court " there shall be inserted the words " in the United Kingdom ".
	In section fifty-five, in subsection (4), for the words " the Second Schedule to this Act" there shall be substituted the words " the Criminal Justice Act, 1961 ".
The Magistrates' Courts Act, 1952. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 55.	In section twenty, in subsection (5), for the words " ten pounds" there shall be substituted the words " fifty pounds ".
	In section twenty-eight, in subsection (1), for the word " sixteen " there shall be substituted the word " fifteen ", and for the words from " and the court " to " Borstal institution " there shall be substituted the words " and is a person who, under subsections (2) and (4) of section one of the Criminal Justice Act, 1961, may be committed for a sentence of borstal training ".
	In section thirty-two, for the words " forty shilfings" there shall be substituted the words " ten pounds ".
	In section fifty-four, in subsection (3), in paragraph (b), for the words " until he has " there shall be substituted the words " for a specified period or until he has sooner ".
	In section one hundred and twenty-six, in subsection (1), in the definition of " Fine ", after the word " ' Fine ' " there shall be inserted the words " , except for the purposes of any enactment imposing a limit on the amount of any fine, ".
The Prisons (Scotland) Act, 1952. 15 & 16 Geo. 6 & 1 Eliz. 2. c. 61.	In section thirty-seven, in the proviso to sub-section (2), after the word " court" there shall be inserted the words " in the United Kingdom ".
The Criminal Justice Act (Northern Ireland), 1953, c. 14.	In section fourteen, in subsection (2), for the words from " in pursuance " to " 1953 " there shall be substituted the words " under or by virtue of any enactment in that behalf in force in any part of the United Kingdom (including an enactment of the Parliament of Northern Ireland ".
The Prison Act (Northern Ireland), 1953. c. 18.	In section thirty-eight, in subsection (3), after the word " court" there shall be inserted the words " in the United Kingdom ".
The Naval Discipline Act, 1957. 5 & 6 Eliz. 2. c. 53.	In section eighty-four, in subsection (5), for the words " or the Prison Act (Northern Ireland), 1953 " there shall be substituted the words " the Prison Act (Northern Ireland) 1953, or the Criminal Justice Act, 1961 ".
The Mental Health Act, 1959. 7 & 8 Eliz. 2. c. 72.	In section seventy-three, in paragraph (a) of subsection (2), after the word " sessions " there shall be added the words " or committed in custody to assizes or quarter sessions under section six or section eight of the Criminal Justice Act, 1948 ".
	In section seventy-nine, in subsection (1), the words " child or young ", in both places where they occur, shall be omitted.