Criminal Justice (Scotland) Act 1949

1. Introductory Text

2. PART I Powers and Proceedings of Courts

   1. Discharge

      1. 1. Absolute discharge

   2. Probation

      1. 2. Probation

      2. 3. Probation orders requiring treatment for mental condition

      3. 4. Discharge, amendment and review of probation orders

      4. 5. Failure to comply with requirement of probation orders

      5. 6. Commission of further offence

      6. 7. Probation orders relating to persons residing in England

      7. 8. Supplementary provisions as to probation

      8. 9. Effects of probation and absolute discharge

      9. 10. Reports of probation officers

      10. 11. Probation areas, probation committees and probation officers

      11. 12. Approved probation hostels and homes

      12. 13. Inspection of institutions for residence of probationers

   3. Abolition of certain obsolete sanctions, penal servitude, and hard labour

      1. 14. Sentence for high treason

      2. 15. Abolition of escheat, etc.

      3. 16. Abolition of penal servitude and hard labour

   4. Powers relating to young offenders

      1. 17. Restriction on sentence of death

      2. 18. Restriction on imprisonment

      3. 19. Detention in a detention centre

      4. 20. Borstal training

   5. Powers relating to persistent offenders

      1. 21. Corrective training and preventive detention

      2. 22. Power to order certain discharged prisoners to notify address

   6. Orders for the detention of persons who are of unsound mind or mentally defective

      1. 23. Power to order the detention of persons of unsound mind

      2. 24. Power to order the detention of mental defectives

      3. 25. Change in procedure in the case of mental defectives undergoing imprisonment, etc.

   7. Adjournment, remand, etc.

      1. 26. Power of courts to adjourn a case after conviction and before sentence

      2. 27. Remand for inquiry into physical or mental condition

      3. 28. Remand and committal of persons under 21

   8. Miscellaneous provisions relating to jurisdiction, procedure, appeals, etc.

      1. 29. Jurisdiction and procedure in respect of certain indictable offences committed abroad

      2. 30. Amendment of Criminal Appeal (Scotland) Act, 1926

      3. 31. Art and part guilt of statutory offence

      4. 32. Provision for death or illness of judge presiding at trial on indictment

      5. 33. Instructions by Lord Advocate as to reporting offences

      6. 34. Proof of exceptions, qualifications, etc., in proceedings on indictment

      7. 35. Proof as to productions in proceedings on indictment

      8. 36. Imprisonment for non-payment of fines imposed on conviction on indictment

      9. 37. Payment by instalments of fines imposed on conviction on indictment

      10. 38. Amendment of Criminal Procedure (Scotland) Act, 1887, s. 59

      11. 39. Previous convictions in proceedings on indictment

      12. 40. Proceedings on indictment against bodies corporate

      13. 41. Alteration of diet in indictment and in summary proceedings

      14. 42. Amendment of False Oaths (Scotland) Act, 1933

      15. 43. Summary prosecution of uttering forged document

      16. 44. Power of court to refund bail

      17. 45. Bail in summary proceedings

      18. 46. Previous convictions in summary proceedings

      19. 47. Exercise of power conferred on prosecutor by the Summary Jurisdiction (Scotland) Act, 1908

      20. 48. Appeal where trial judge unable to state case

      21. 49. Amendment of Summary Jurisdiction (Scotland) Act, 1908

3. PART II Administrative Provisions and Provisions as to Treatment of Prisoners, etc.

   1. Institutions for offenders

      1. 50. Remand centres, detention centres and Borstal institutions

      2. 51. Remand homes

      3. 52. Acquisition of land for prisons and other institutions

   2. Rules for management of prisons, etc.

      1. 53. Rules for the management of prisons, remand centres, detention centres and Borstal institutions

      2. 54. Constitution and functions of visiting committees

      3. 55. Amendment of Prisons (Scotland) Act, 1860 as to introduction of prohibited articles

   3. Remission for good conduct and release on licence, etc.

      1. 56. Remission for good conduct and release on licence of young prisoners

      2. 57. Release on licence of persons serving imprisonment for life

      3. 58. After Care Council

   4. Removal and transfer to and from prisons and other institutions

      1. 59. Temporary detention of persons liable to detention in a Borstal institution

      2. 60. Transfers from prison to Borstal institution and vice versa

      3. 61. Removal of prisoners, etc., for judicial and other purposes

      4. 62. Removal of prisoners, etc., to and from England and from the Isle of Man or Channel Islands

   5. Treatment of persons of unsound mind and mental defectives

      1. 63. Establishment of State Mental Hospitals

      2. 64. Removal of state mental patients, etc.

      3. 65. Treatment of persons transferred from prisons, etc., under the Mental Deficiency and Lunacy (Scotland) Act, 1913, s. 10

   6. Miscellaneous

      1. 66. Persons unlawfully at large

      2. 67. Legal custody

      3. 68. Commutation of death sentence to sentence of imprisonment

      4. 69. Amendment of s. 75 of the Children and Young Persons (Scotland) Act, 1937

      5. 70. Powers of court in relation to absconders from approved schools, etc.

4. PART III Supplemental

   1. 71. Enlargement of powers of courts under the Children and Young Persons (Scotland) Act, 1937

   2. 72. Application to supervision orders of certain provisions relating to probation

   3. 73. Power to order detention in a remand centre under s. 71 of the Children and Young Persons (Scotland) Act, 1937

   4. 74. Rules and orders

   5. 75. Expenses and grants payable out of moneys provided by Parliament

   6. 76. Transitory provisions

   7. 77. Consequential and minor amendments

   8. 78. Interpretation

   9. 79. Short title, commencement, extent and repeals

5. SCHEDULES

   1. FIRST SCHEDULE

      Form of Probation Order

   2. SECOND SCHEDULE

      Discharge and Amendment of Probation Orders

      1. Discharge

         1. 1. A probation order may on the application of the probation...

      2. Amendment

         1. 2. (1) If the court by which a probation order was...

         2. 3. Without prejudice to the provisions of the last foregoing paragraph,...

         3. 4. Where the medical practitioner by whom or under whose direction...

      3. General

         1. 5. Where the court which made the order or the appropriate...

         2. 6. On the making of an order discharging or amending a...

         3. 7. Subsection (9) of section two of this Act shall apply...

   3. THIRD SCHEDULE

      Administrative Provisions as to Probation

      1. Probation Areas

         1. 1. (1) Subject as hereinafter provided each large burgh and each...

      2. Probation and Case Committees

         1. 2. (1) There shall be a probation committee for each probation...

         2. 3. (1) It shall be the duty of every probation committee—...

      3. Duties of Probation Officers

         1. 4. It shall be the duty of probation officers to supervise...

      4. Selection of Probation Officers

         1. 5. (1) Where the circumstances permit, the court shall nominate a...

      5. Expenses

         1. 6. (1) The sums required to meet any expenses incurred by...

      6. General

         1. 7. The Secretary of State may make rules—

         2. 8. In this Schedule— the expressions " county " and "...

   4. FOURTH SCHEDULE

      Borstal Training

      1. 1. A person sentenced to Borstal training shall be detained in...

      2. 2. A person shall, after his release from a Borstal institution...

      3. 3. If the Secretary of State is satisfied that a person...

      4. 4. If any person while under supervision, or after his recall...

      5. 5. The Secretary of State in exercising his functions under this...

   5. FIFTH SCHEDULE

      Release on Licence of Persons Sentenced to Corrective Training or Preventive Detention

      1. 1. The Secretary of State may release on licence a person...

      2. 2. A person shall, after his release on licence under paragraph...

      3. 3. If before the expiration of his sentence the Secretary of...

      4. 4. The Secretary of State may release on licence a person...

      5. 5. If any person while released on licence, or after he...

   6. SIXTH SCHEDULE

      Registration of Address and Reporting at Police Stations by Discharged Prisoners

      1. 1. (1) Any person to whom this Schedule applies shall—

      2. 2. (1) If any person fails without reasonable excuse to comply...

      3. 3. (1) Any appointment, direction or permission purporting to be signed...

      4. 4. (1) For the purposes of this Schedule, a person shall...

      5. 5. It shall be the duty of a chief officer of...

   7. SEVENTH SCHEDULE

      Forms of Notices to Accused in Criminal Proceedings

      1. PROCEEDINGS ON INDICTMENT

      2. SUMMARY PROCEEDINGS.

   8. EIGHTH SCHEDULE

      Release of Young Offenders from Prison on Licence

      1. 1. A person released on licence under section fifty-six of this...

      2. 2. If before the expiration of his sentence the Secretary of...

      3. 3. The Secretary of State may release on licence a person...

      4. 4. Where the unexpired part of the sentence of a person...

   9. NINTH SCHEDULE

      Provisions Relating to Persons in England after Discharge from Prisons, Etc., in Scotland

      1. 1. Where any person serving a term of imprisonment for life...

      2. 2. Where any person sentenced to Borstal training under this Act,...

      3. 3. Where any person sentenced under this Act to corrective training...

      4. 4. Where any person serving a sentence of imprisonment is released...

      5. 5. Where, under section twenty-two of this Act, any person convicted...

   10. TENTH SCHEDULE

       Transitory Provisions

       1. 1. Where in any proceedings commenced before the date of the...

       2. 2. (1) Any person who immediately before the commencement of this...

       3. 3. Any person who has been sentenced to imprisonment with hard...

       4. 4. (1) Any person who is at the commencement of this...

       5. 5. (1) Any person who, having been sentenced to detention in...

       6. 6. (1) Where at the commencement of this Act a person...

       7. 7. (1) Any probation order made under the Probation of Offenders...

       8. 8. For the purposes of this Act— (a) prison rules made...

       9. 9. In relation to any person who— (a) having been sentenced...

   11. ELEVENTH SCHEDULE

       Consequential and Minor Amendments

   12. TWELFTH SCHEDULE

       Enactments Repealed