Criminal Justice (Scotland) Act 1963

Section 52.

SCHEDULE 5Minor and Consequential Amendments

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

In section 11 (2), the words " for his use " shall be omitted.

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

In section 86 (1)(b), for the words " or on licence " there shall be substituted the words " or under supervision ".

In section 87—

• in subsection (1), after the word " Act", there shall be inserted the words " and of the Criminal Justice (Scotland) Act 1963 ";

• 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 (Scotland) Act 1963 " .

In Schedule 2, in paragraph 9 (3), for the words " this Act shall have effect" there shall be substituted the words " this Act and the Criminal Justice (Scotland) Act 1963 shall have effect ".

The Family Allowances Act 1945(8 & 9 Geo. 6 c. 41)

In section 26, after subsection (8), there shall be inserted the following subsection:—

“(8A)Section 11 shall have effect as if for paragraph (a) of subsection (1) there were substituted the following paragraph—

(a)during which the child's detention in an approved school is authorised by an order made under any provision of the Children and Young Persons (Scotland) Act 1937, or by virtue of section 77 of that Act or of Part I of Schedule 2 to the Criminal Justice (Scotland) Act 1963, and the child is not absent from the school under supervision ;”;

and as if for the references to the Children and Young Persons Act 1933 and to section 53 thereof there were substituted, respectively references to the Children and Young Persons (Scotland) Act 1937 and to section 57 thereof ".

The Children Act 1948(11 & 12 Geo. 6 c. 43)

In section 6 (4), for the words from the beginning of the subsection to the words " said paragraph 6" there shall be substituted the words " Where under Part I of Schedule 2 to the Criminal Justice Act 1961 or, as the case may be, to the Criminal Justice (Scotland) Act 1963 a child is under the supervision of the managers of an approved school, and it appears to the managers that the child has no home or that his home is unsatisfactory, then with the consent of the managers ".

The Criminal Justice (Scotland) Act 1949(12, 13 & 14 Geo. 6. c. 94)

In section 9 (1), for the words from " and of any subsequent proceedings " to " aggravation " there shall be substituted the words " and of laying it before a court as a previous conviction in subsequent proceedings for another offence " .

In section 20(1), after the words " institution, the court" there shall be inserted the words " subject to section 3 of the Criminal Justice (Scotland) Act 1963 " .

In section 21(2)(a), after the word " more " there shall be inserted the words " or remitted thereto for sentence in respect of such an offence " .

In section 70(2), for the words " seventy-seven and seventy-eight" there shall be substituted the words " and seventy-seven " .

In section 78(4), after the word " under " there shall be inserted the words " any enactment including ".

The Prisons (Scotland) Act 1952(15 & 16 Geo. 6. & 1 Eliz. 2. c. 61.)

In section 9, the words " the whole of " shall be omitted.

For section 16(1) there shall be substituted the following subsections—

“(1)Where a prisoner who is serving a sentence of thirty-one days or less would, but for this subsection, be discharged on a Sunday, he shall be discharged on the immediately preceding Saturday.

(1A)Where a prisoner who is serving a sentence of more than thirty-one days would, but for this subsection, be discharged on a Saturday or Sunday, he shall be discharged on the preceding Friday.”

In section 18—

• in subsection (1), for the words from " and a secretary " to the end of the subsection there shall be substituted the words " of the Council ";

• in subsection (3), the words from " and (b)" to the word " subsistence " shall be omitted ;

• after subsection (3), there shall be inserted the following subsection:—

  “(3A)The Secretary of State may provide the services of a secretary and such office accommodation at which communications will be received, as the Council may require”

In section 19 (3), for the words from " the supervision " to the word " specified " there shall be substituted the word " supervision ".

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In section 28 (2), after the words " detention centre " there shall be inserted the words " young offenders institution " .

In section 31—

• in subsection (1), at the end of paragraph (b) the word " and " shall be omitted;

• in subsections (3) and (4) (other than paragraph (iv) of the proviso to subsection (4)), after the words " detention centre" or " detention centres", wherever occurring, there shall be inserted respectively the words " young offenders institution " and " young offenders institutions", and in the said paragraph (iv) for the words " or detention centres" there shall be substituted the words " detention centres or young offenders institutions " .

In section 33—

• in subsection (2), for the words " three years " there shall be substituted the words " two years ";

• in subsection (3), for the words from the beginning to the words " so specified " there shall be substituted the words " A person shall, after his release from a borstal institution and until the expiration of one year from the date of his release, be required to be under the supervision of such person as may be specified in a notice to be given to him by the Secretary of State on his release, and shall, while under that supervision, comply with such other requirements as may be so specified " .

• in subsection (4), for the words " Borstal institution ", except where those words first occur, there shall be substituted the words " young offenders institution ", for the words " one year " there shall be substituted the words " three months " and, in proviso (a), for the words " three years from the date of the sentence " there shall be substituted the words " one year from the date of his release " .

• in subsection (5), for the words " Borstal institution" there shall be substituted the words " young offenders institution " .

In section 34, after the word " institution " there shall be inserted the words " or a young offenders institution " .

In section 35—

• in subsection (1), after the words " detention centres " there shall be inserted the words " young offenders institutions ";

• in subsection (6), after the words " preventive detention" there shall be inserted the words " detention in a young offenders institution " .

In section 37—

• in subsection (1), after the words " preventive detention" there shall be inserted the words " detention in a young offenders institution ";

• in subsection (2), after the words " preventive detention", there shall be inserted the words " detention in a young offenders institution "; and after the word " prison", in both places where it occurs, there shall be inserted the words " young offenders institution ".

The Summary Jurisdiction (Scotland) Act 1954(2 & 3 Eliz. 2. c. 48.)

In section 3, in paragraph (b), for the words " ten pounds" there shall be substituted the words " fifty pounds "; and in paragraph (c), for the words " twenty pounds " there shall be substituted the words " fifty pounds " .

In section 4, in subsection (2), for paragraphs (c), (d) and (e) there shall be substituted the following paragraphs—

“(c)theft or reset of theft, falsehood, fraud or wilful imposition, breach of trust or embezzlement, all to an amount exceeding twenty-five pounds ;

(d)any of the offences specified in the last foregoing paragraph, or any attempt thereat, where the accused is known to have been previously convicted of any offence inferring dishonest appropriation of property.”

In section 7(1), in paragraphs (a) and (b), for the words "twenty-five pounds" there shall be substituted the words " one hundred and fifty pounds " .

In section 20(1), for the words "such warrant" there shall be substituted the words " warrant of apprehension or search " .

In section 21, for the word "fourteen" there shall be substituted the word " twenty-one " .

In section 26(4), after the words "detention centre " there shall be inserted the words " young offenders institution " .

In section 31(1), for the words "forming an aggravation of any offence libelled in the complaint" there shall be substituted the words " and the prosecutor has decided to lay a previous conviction before the court " .

In section 33(1), for the words " three pounds " there shall be substituted the words " twenty-five pounds " .

In section 40, in paragraph (b), for the words " twenty-five pounds " there shall be substituted the words " one hundred pounds " .

In section 45(2), for the words " legalised police cells " there shall be substituted the words " any other place in which a person may be lawfully detained in default of payment of a fine " .

For section 48 there shall be substituted the following section:—

“48Imprisonment in default of payment of fine.

Subject to the provisions of sections 42 to 43C of this Act, where a court of summary jurisdiction has imposed a fine on any person, the court may impose a period of imprisonment in default of payment thereof, whether or not the statute or order under which the fine is imposed makes any provision for its recovery, but that period shall not exceed the maximum period applicable to the fine under section 49 of this Act.”

In section 50, at the end there shall be added the following subsection:—

“(3)Proceedings by civil diligence under this section may be adopted at any time after the imposition of the fine to which they relate :

Provided that no such proceedings shall be authorised after the court has imposed imprisonment in default of payment of the fine."”

In section 76(1)(a), at the end there shall be inserted " or, so far as they relate to summary jurisdiction or procedure, of the Criminal Justice (Scotland) Act 1949 or the Criminal Justice (Scotland) Act 1963.

In section 77, after the definition of " Borstal training " and " Detention centre " there shall be inserted the following definition:—

• “' Complaint ' includes a copy of the complaint laid before the court :”.

The First Offenders Act 1958(6 & 7 Eliz. 2, c. 31.)

For section 1 (3), there shall be substituted the following subsections :—

“(3)A person falling to be dealt with for an offence shall be treated for the purposes of this Act as a first offender if, but only if, he has not since attaining the age of seventeen been convicted by a court in any part of the United Kingdom of any other offence except an offence not punishable with imprisonment.

(4)In determining for the purposes of this section whether a person has been convicted of an offence, no account shall be taken of any of the following enactments, that is to say—

(a)section 12 of the Criminal Justice Act 1948 (under which a conviction leading to probation or discharge is to be disregarded except as therein mentioned);

(b)section 9 of the Criminal Justice (Scotland) Act 1949 (which makes similar provision in respect of convictions on indictment in Scotland) ;

(c)section 8 of the Probation Act (Northern Ireland) 1950 (which corresponds with the said section 12) or any corresponding enactment of the Parliament of Northern Ireland for .the time being in force ;

and any order made by a court of summary jurisdiction in Scotland Under section 1 or section 2 of the said Act of 1949 shall be treated as a conviction.

(5)In this section ' court' does not include a court-martial, and 'offence not punishable with imprisonment' means an offence for which no offender may be sentenced to imprisonment.”

First Offenders (Scotland) Act 1960(8 & 9 Eliz. 2 c. 23)

In section 1—

• in subsection (1), for the words from " eighteen " to the words " 1949 " there shall be substituted the words " 1 of the Criminal Justice (Scotland) Act 1963 ";

• in subsection (2), for the words from "eighteen" to the word " proceedings)" there shall be substituted the word " 1 ";

for subsection (3), there shall be substituted the following subsections :—

“(3)A person falling to be dealt with for an offence shall be treated for the purposes of this Act as a first offender if, but only if, he has not since attaining the age of seventeen been convicted of any other offence, except an offence not punishable with imprisonment,

(3A)In determining for the purposes of subsection (3) of this section whether a person has been convicted of an offence, no account shall be taken of any of the following enactments, that is to say—

(a)section 9 of the Criminal Justice (Scotland) Act 1949 (under which a conviction leading to probation or discharge is to be disregarded except as therein mentioned);

(b)section 12 of the Criminal Justice Act 1948 (which makes similar provision in respect of convictions on indictment in England and Wales);

(c)section 8 of the Probation Act (Northern Ireland) 1950 (which corresponds with the said section 9) or any corresponding enactment of the Parliament of Northern Ireland for the time being in force;

and any order made by a court of summary jurisdiction under section 1 or section 2 of the said Act of 1949 shall be treated as a conviction.

(3B)For the purposes of subsection (3) of this section, a previous conviction shall be disregarded after the expiration of a period of ten years from the date of that conviction, being a period exclusive of any period during which the offender was in custody under sentence in respect of the conviction.

(3C)In this section ' court' does not include a court-martial, and ' offence not punishable with imprisonment' means an offence for which no offender may be sentenced to imprisonment.”

Mental Health (Scotland) Act 1960(8 & 9 Eliz. 2 c. 61)

In Schedule 3, in paragraph 9—

• in sub-paragraph (3), after the word " applies " there shall be inserted the words " or a patient who was immediately before the commencement of this Act subject to guardianship by virtue of an order under section 24 of the Criminal Justice (Scotland) Act 1949 ";

• in sub-paragraph (4), for the words from "in any" to " Schedule " there shall be substituted due words " excepted from the operation of the last foregoing sub-paragraph ".

Criminal Justice Act 1961(9 & 10 Eliz. 2 c. 39)

In section 32(2), in paragraph (b), the word " twenty " shall be omitted, and at the end of the paragraph there shall be inserted the words " and sections 11, 12 and 14 of the Criminal Justice (Scotland) Act 1963 and Schedule 1 to that Act. "

In section 34(6), after the words "or detention centre" there shall be inserted the words " or who, immediately before his removal, was undergoing a sentence of detention in a young offenders institution in Scotland "; and at the end of the subsection there shall be added the words " and subsections (3) to (5) of this section shall apply to any person in whose case such a direction is given as if he had been removed under this section ".

In section 38(5)(a), after the word " sentence ", where first occurring, there shall be inserted the words " of detention in a young offenders institution passed in Scotland, and a sentence " .

In section 39 (1), after paragraph (b) there shall be inserted the following paragraph—

“(bb)in relation to a person sentenced to imprisonment when under twenty-one years of age who is so removed to Scotland, a young offenders institution ;”.