Part IVS Protection of Children and Young Persons in relation to Criminal Proceedings
Modifications etc. (not altering text)
C1Pt. IV amended by Social Work (Scotland) Act 1968 (c. 49), Sch. 2 Pt. I paras, 1, 2
39—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1S
Textual Amendments
General Provisions as to Proceedings in CourtS
44, 45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2S
Textual Amendments
F346 Power to prohibit publication of certain matter in newspapers. S
(1)In relation to any proceedings in any court . . . F4, the court may direct that—
(a)no newspaper report of the proceedings shall reveal the name, address, or school, or include any particulars calculated to lead to the identification, of [F5a person under the age of seventeen years] concerned in the proceedings, either as being the person [F6by or against] or in respect of whom the proceedings are taken, or as being a witness therein;
(b)no picture shall be published in any newspaper as being or including a picture of [F5a person under the age of seventeen years] so concerned in the proceedings as aforesaid;
except in so far (if at all) as may be permitted by the direction of the court.
(2)Any person who publishes any matter in contravention of any such direction shall on summary conviction be liable in respect of each offence to a fine not exceeding [F7level 4 on the standard scale].
Textual Amendments
F3S. 46 repealed (E.W.)(S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460, Sch. 10 Pt. I so far as relating to criminal proceedings; extended by Children and Young Persons Act 1963 (c. 37), s. 57(3)(4)
F4Words repealed by Children and Young Persons Act 1963 (c. 37), s. 64, Sch. 5
F5Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 2 para. 7
F6Words substituted by Children and Young Persons Act 1963 (c. 37), s. 57(1)
F7Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289G and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 3(1), Sch. 2 Pt. II it is provided (1.4.1996) that s. 46(2) shall have effect as if the maximum fine that may be imposed on a summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £50
Modifications etc. (not altering text)
C2S. 46 extended with modifications by Cable and Broadcasting Act 1984 (c. 46, SIF 96), s. 57(1), Sch. 5 para. 5(3)
C3S. 46 applied with modifications by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 para. 4(2)
C4S. 46 applied (4.4.2005) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 111(5), 145(2); S.S.I. 2004/420, art. 3, sch. 5
47—54.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8S
Textual Amendments
Juvenile OffendersS
55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9S
Textual Amendments
56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10S
Textual Amendments
F10Ss. 56, 64 repealed by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
57 Punishment of certain grave crimes.S
(1), (2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
(3)A person detained pursuant to the directions of the Secretary of State under [F12section [F13205 or 206]of the M1Criminal Procedure (Scotland) Act 1975]. . .shall, while so detained, be deemed to be in legal custody.
(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14
Textual Amendments
F11Ss. 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
F12Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 7
F13Words substituted by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(1), Sch. 2 para. 1
Marginal Citations
[F1658]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15S
Textual Amendments
[F1758A Committal for residential training.S
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
(2)A child detained pursuant to the directions of the Secretary of State under [F19section 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
F17S. 58A repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), s. 70(2), Sch. 2
F18S. 58A(1) repealed (S.) by Criminal Justice (Scotland) Act 1987 (c. 1, SIF 39:1), s. 70(2), Sch. 2
F19Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 8
Marginal Citations
59
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
(2)–(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21
Textual Amendments
60, 61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22S
Textual Amendments
62 Power of Secretary of State to send certain juvenile offenders to approved schools.S
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 [F23 . . . F24 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 [F25residential establishment],
shall be transferred or sent to and detained in [F25a 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 . . . F26 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.
[F27(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
F23Words substituted by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 9 para. 9
F24Words repealed by Prisons (Scotland) Act 1989 (c. 45, SIF 39:1), s. 45(2), Sch. 3
F25Words substituted by Social Work (Scotland) Act 1968 (c. 49), Sch. 2 para. 18
F26Words repealed by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
F27S. 62 proviso (c) added by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 11
Marginal Citations
[F2863 Register of children found guilty of offences.S
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
F28S. 63 inserted (1.4.1996) by 1995 c. 40 ss. 5, 7(2), Sch. 4 para. 3(1)(2)
63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29S
Textual Amendments
64. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30S
Textual Amendments
F30Ss. 56, 64 repealed by Criminal Justice (Scotland) Act 1949 (c. 94), Sch. 12
65, 66.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31S
Textual Amendments
67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32S
Textual Amendments