Modifications etc. (not altering text)
C1Pt. IV amended by Social Work (Scotland) Act 1968 (c. 49), Sch. 2 Pt. I paras, 1, 2
Textual Amendments
Textual Amendments
F2Ss. 56, 64 repealed by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(3)A person detained pursuant to the directions of the Secretary of State under [F4section [F5205 or 206]of the M1Criminal Procedure (Scotland) Act 1975]. . .shall, while so detained, be deemed to be in legal custody.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F3Ss. 24, 25, 39–45, 47–55, 57(1)(2), 58, 59(2)–(4), 63, 67, 103, Sch. 1 repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 10 Pt. I
F4Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 7
F5Words substituted by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2 para. 1
F6S. 57(4) repealed by Statute Law (Repeals) Act 1975 (c. 10), Sch. Pt. XIV
Marginal Citations
Textual Amendments
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
(2)A child detained pursuant to the directions of the Secretary of State under [F11section 413 of the M2Criminal Procedure (Scotland) Act 1975] shall, while so detained, be deemed to be in legal custody.
(3)Any child so detained as aforesaid may at any time be released conditionally or unconditionally by the Secretary of State, and any such child conditionally released shall be liable to recall on the directions of the Secretary of State and if he fails to comply with any condition of his release he may be apprehended without warrant and taken to the place from which he was released.]
Textual Amendments
F9S. 58A repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 70(2), Sch. 2
F10S. 58A(1) repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 1, SIF 39:1), s. 70(2), Sch. 2
F11Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 8
Marginal Citations
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13
Textual Amendments
Textual Amendments
The Secretary of State may by order direct that—
(a)a person who is under the age of eighteen years and is undergoing detention in a Borstal institution; or
(b)a child or young person with respect to whom he is authorised to give directions under [F15 . . . F16 section 206 of the M3Criminal Procedure (Scotland) Act 1975; or]
(c)a young person who has been ordered to be imprisoned and has been pardoned by His Majesty on condition of his agreeing to undergo training in a [F17residential establishment],
shall be transferred or sent to and detained in [F17a residential establishment] specified in the order; and any such order shall be an authority for the detention of the person to whom it relates until such date as may be specified in the order:
Provided that the date to be so specified shall be not later than that on which he will in the opinion of the Secretary of State attain the age of nineteen years nor later—
(a)in the case of a person who was . . . F18 sentenced to detention under the said subsection (2), than the date on which his detention would have expired; or
(b)in the case of a young person who has been ordered to be imprisoned and has been pardoned as aforesaid, than three years from the date as from which the order for his imprisonment began to run.
[F19(c)in the case of a person who was undergoing detention in a Borstal institution, than the end of the period for which he would have been liable to be detained therein.]
Textual Amendments
F15Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 9
F16Words repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3
F17Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 2 para. 18
F18Words repealed by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
F19S. 62 proviso (c) added by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 11
Marginal Citations
In addition to any other register required by law, a separate register of children found guilty of offences and of children discharged on bond or put on probation shall be kept for every summary court by the chief constable or other person charged with the duty of keeping registers of convictions. The register shall apply to children of such age, and shall include such particulars, as may be directed by the Secretary of State, and it shall be the duty of the keeper of the register, within seven days after any such child has been dealt with by the court, to transmit a copy of the entry relating to the child to the education authority for the area in which the child resides.]
Textual Amendments
F20S. 63 inserted (1.4.1996) by 1995 c. 40 ss. 5, 7(2), Sch. 4 para. 3(1)(2)
Textual Amendments
Textual Amendments
F22Ss. 56, 64 repealed by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
Textual Amendments
Textual Amendments