Part 4Prisoners etc.

Release of prisoners

38Special provision in relation to children

1

The 1993 Act is amended as follows.

2

In section 7 (which among other things enables the Scottish Ministers to release on licence certain children if recommended to do so by the Parole Board, and which provides that a court order that a child released on licence be returned to detention has the effect of automatically revoking the licence)—

a

in subsection (2), for the word “may” there is substituted “shall”;

b

subsection (4A) is repealed;

c

for subsection (5), there is substituted—

5

Without prejudice to section 6(1)(b)(ii) of this Act—

a

sections 3, 11(1), 12, 12A, 12B, 17 and 20(2) of this Act apply to children detained under section 208 of the 1995 Act as they apply to long-term prisoners; and

b

in those sections of this Act, references to prisoners, or to prison, imprisonment or sentences of imprisonment shall be construed, and sections 1A and 27 shall apply, accordingly.

d

subsection (6) is repealed.