SCHEDULES.

Section 5.

FIRST SCHEDULEDischarge and Amendment of Probation Orders.

Discharge.

1The court by which a probation order was made may, upon application made by the probation officer or by the probationer, discharge the order.

Amendment.

2(1)If the supervising court is satisfied that a probationer proposes to change, or Ms changed his residence from the petty sessional division named in the probation order to another petty sessional division, the court may, and if application in that behalf is made by the probation officer, shall, by order amend the probation order by substituting for the petty sessional division named therein the petty sessional division where the probationer proposes to reside or is residing:

Provided that if the probation order contains requirements which, in the opinion of the court, cannot be complied with unless the probationer continues to reside in the division named in the order, the court shall not amend the order as aforesaid unless, in accordance with the following provisions of this Schedule, they cancel those requirements or substitute therefor other requirements which can be so complied with.

(2)Where a probation order is amended under this paragraph, the supervising court shall send to the clerk to the justices for the new division named in the order a copy of the order, together with such documents and information relating to the case as it considers likely to be of assistance to that court.

3Without prejudice to the provisions of the last foregoing paragraph, the supervising court may, upon application made by the probation officer or by the probationer, by order amend a probation order by cancelling any of the requirements thereof or by inserting therein (either in addition to or in substitution for any such requirement) any requirement which could be included in the order if it were then being made by that court in accordance with the provisions of sections three and four of this Act:

Provided that—

(a)the court shall not amend a probation order by reducing the probation period, or by extending that period beyond the end of three years from the date of the original order;

(b)the court shall not so amend a probation order that the probationer is thereby required to reside in an approved probation hostel or home, or in any other institution, or to submit to treatment for his mental condition, for any period exceeding twelve months in all;

(c)the court shall not amend a probation order by inserting , therein a requirement that the probationer shall submit to treatment for his mental condition unless the amending order is made within three months after the date of the original order.

4Where the medical practitioner by whom or under whose direction a probationer is being treated for his mental condition in pursuance of any requirement of the probation order is of opinion—

(a)that the treatment of the probationer should be continued beyond the period specified in that behalf in the order, or

(b)that the probationer needs different treatment, being treatment of a kind to which he could be required to submit in pursuance of a probation order, or

(c)that the probationer is not susceptible to treatment, or

(d)that the probationer does not require further treatment,

or where the practitioner is for any reason unwilling to continue to treat or direct the treatment of the probationer, he shall make a report in writing to that effect to the probation officer and the probation officer shall apply to the supervising court for the variation or cancellation of the requirement.

General.

5Where the supervising court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall summon him to appear before the court; and if the probationer is not less than fourteen years of age, the court shall not amend a probation order unless the probationer expresses his willingness to comply with the requirements of the order as amended :

Provided that this paragraph shall not apply to an order cancelling a requirement of the probation order or reducing the period of any requirement, or substituting a new petty sessional division for the division named in the probation order.

6On the making of an order discharging or amending a probation order, the clerk to the court shall forthwith give copies of the discharging or amending order to the probation officer; and the probation officer shall give a copy to the probationer and to the person in charge of any institution in which the probationer is or was required by the order to reside:

Provided that if the order amends the probation order by substituting a new petty sessional division for the division named in the probation order the copies of the order shall be sent to the clerk to the justices for the new petty sessional division and he shall be responsible for giving copies of the order to the probation officer.

7Subsection (7) of section three of this Act shall apply to any order made under this Schedule by virtue of which a probationer is required to reside in an institution as it applies to a probation order made under that section.

Section 20.

SECOND SCHEDULEBorstal Training.

1A person sentenced to Borstal training shall be detained in a Borstal institution for such period, not extending beyond three years after the date of his sentence, as the Prison Commissioners may determine, and shall then be released:

Provided that the Prison Commissioners shall not release any such person from a Borstal institution before the expiration of nine months from the date of his sentence unless required to do so by directions of the Secretary of State under this Schedule.

2A person shall, after his release from a Borstal institution and until the expiration of four years from the date of his sentence, be under the supervision of such society or person as may be specified in a notice to be given to him by the Prison Commissioners on his release, and shall, while under that supervision, comply with such requirements as may be so specified:

Provided that the Prison Commissioners may at any time modify or cancel any of the said requirements or order that a person who is under supervision as aforesaid shall cease to be under supervision.

3If before the expiration of four years from the date of his sentence the Prison Commissioners are satisfied that a person who is under supervision after his release from a Borstal institution under paragraph 1 of this Schedule has failed to comply with any requirement for the time being specified in the notice given to him under paragraph 2 of this Schedule, they may by order recall him to a Borstal institution; and thereupon he shall be liable to be detained in the Borstal institution until the expiration of three years from the date of his sentence, or the expiration of six months from the date of his being taken into custody under the order, whichever is the later, and, if at large, shall be deemed to be unlawfully at large:

Provided that—

(a)any such order shall, at the expiration of four years from the date of the sentence, cease to have effect unless the person to whom it relates is then in custody thereunder; and

(b)the Prison Commissioners may at any time release a person who is detained in a Borstal institution under this paragraph; and the foregoing provisions of this Schedule shall apply in the case of a person so released as they apply in the case of a person released under paragraph 1 of this Schedule.

4If any person while under supervision, or after his recall to a Borstal institution, as aforesaid, is sentenced by a court in any part of Great Britain to corrective training or Borstal training or to penal servitude or detention in a Borstal institution, his original sentence of Borstal training shall cease to have effect; and if any such person is so sentenced to imprisonment, any period for which he is imprisoned under that sentence shall count as part of the period for which he is liable to detention in a Borstal institution under his original sentence.

5The Prison Commissioners in exercising their functions under this Schedule shall act in accordance with any general or special directions of the Secretary of State, and shall consider any report made to them by a board of visitors on the advisability of releasing a person from a Borstal institution.

Section 21.

THIRD SCHEDULERelease on Licence of Persons Sentenced to Corrective Training or Preventive Detention.

1The Prison Commissioners may release on licence a person sentenced to corrective training or preventive detention after he has served such portion of his sentence as may be determined in accordance with rules made under section fifty-two of this Act:

Provided that the Secretary of State may require the Prison Commissioners to release a person so sentenced at any time.

2A person shall, after his release on licence under paragraph 1 of this Schedule and until the expiration of his sentence, comply with such requirements as may be specified in the licence, including, if the Commissioners think it expedient, a requirement that he shall be under the supervision of such society or person as may be so specified:

Provided that the Prison Commissioners may at any time modify or cancel any of the said requirements.

3If before the expiration of his sentence the Prison Commissioners are satisfied that a person released on licence under paragraph 1 of this Schedule has failed to comply with any requirement for the time being specified in the licence, they may by order recall him to a prison; and thereupon he shall be liable to be detained in the prison until the expiration of his sentence, and, if at large, shall be deemed to be unlawfully at large.

4The Prison Commissioners may release on licence a person detained in a prison under the last foregoing paragraph at any time before the expiration of his sentence; and the foregoing provisions of this Schedule shall apply in the case of a person released under this paragraph as they apply in the case of a person released under paragraph 1 of this Schedule.

5If any person while released on licence, or after he is recalled to a prison, as aforesaid, is sentenced by a court in any part of Great Britain to corrective training or preventive detention, tine sentence by virtue of which he is on licence or has been recalled shall cease to have effect; and if any such person is so sentenced to imprisonment or penal servitude, any period for which he is imprisoned under that sentence shall count as part of the period for which he is liable to detention under, the original sentence.

6The Prison Commissioners in exercising their functions under this Schedule shall act in accordance with any general or special directions of the Secretary of State.

Section 22.

FOURTH SCHEDULERegistration of Address and Reporting at Police Stations by Discharged Prisoners.

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

(a)register at an appointed police station in any police area in which he is from time to time residing the address of his residence ;

(b)report once in each month, on such day as may be directed by or on behalf of the chief officer of police, at the police station at which his address for the time being is registered.

(2)Where any person to whom this Schedule applies changes his residence, he shall on registering his new address under this paragraph, state the address which was last registered by him thereunder.

(3)Any such registration and report as aforesaid shall be effected in person before the officer in charge of the police station:

Provided that any such report may, if permission in that behalf is granted by or on behalf of the chief officer of police, be made in writing.

2(1)If any person fails without reasonable excuse to comply with any of the requirements of the foregoing paragraph, he shall be guilty of an offence and liable on summary conviction thereof to imprisonment for a term not exceeding six months:

Provided that—

(a)in proceedings for a failure to register an address it shall be a defence for the defendant to prove either that—

(i)being on a journey to a particular destination he remained no longer in the place in which he failed to register his address than was reasonably necessary for the purposes of that journey ; or

(ii)his absence from his registered address was temporary and that he kept the officer in charge of the police station at which that address was registered sufficiently informed of his whereabouts ; and

(b)in proceedings for a failure to report it shall be a defence for the defendant to prove that, being temporarily absent from his registered address on the day on which he was directed to report, he personally presented himself and reported on that day at a police station within the police area in which he then was and stated his registered address.

(2)A person to whom this Schedule applies who is reasonably suspected of having committed an offence under this paragraph may be arrested without warrant by any constable.

(3)A person charged with an offence under this paragraph may be tried in the place in which he was arrested or in the place in which the offence is alleged to have been committed or, if the offence consists of a failure to report in writing to a police station, in the place in which the police station is situated.

3(1)Any appointment, direction or permission purporting to be signed by or on behalf of a chief officer of police and to have been made or given for the purposes of this Schedule shall, in proceedings under the last foregoing paragraph of this Schedule, be evidence that the appointment, direction or permission thereby made or given was duly made or given by or on behalf of the chief officer of police.

(2)A certificate purporting to be signed by an officer in charge of a police station and certifying that it appears from the records kept at that police station that a person has failed to register an address or make a report or has registered a particular address at that police station shall, in any such proceedings as aforesaid, be evidence of the facts so certified.

(3)A certificate purporting to be signed by or on behalf of the Commissioner of Police of the Metropolis and certifying that he has received a notice given pursuant to paragraph (b) of subsection (2) of section twenty-two of this Act to the effect that a person has failed to comply with any requirement under that subsection shall, in any such proceedings as aforesaid, be evidence of the notice having been duly given and of the contents of the notice.

4(1)For the purposes of this Schedule, a person shall be deemed to reside at any house or other place of whatever description at which he spends a night.

(2)In this Schedule the following expressions have the meaning hereby respectively assigned to them, that is to say :—

• " Appointed police station " means a police station appointed for the purposes of this Schedule by the chief officer of police of the police area in which the police station is situated ;

• '' Chief officer of police " and " police area" have the same meaning respectively as in section thirty of the [11 & 12 Geo. 5. c. 31.] Police Pensions Act, 1921;

• " Registered address ", in relation to any person, means the address which is for the time being the address last registered by him in accordance with this Schedule.

5It shall be the duty of a chief officer of police to appoint a sufficient number of police stations in his area for the purposes of this Schedule.

Section 45.

FIFTH SCHEDULEAdministrative Provisions as to Probation.

Probation Areas.

1(1)If the Secretary of State is of opinion, either upon consideration of proposals submitted to him by a court of quarter sessions for a county or without any such proposals, that it is expedient that any two or more petty sessional divisions should form one probation area, he may by statutory instrument make an order to that effect; and the order may contain such incidental and consequential provisions as appear to the Secretary of State to be expedient for the purposes of the order.

(2)Before making an order under the last foregoing sub-paragraph, the Secretary of State shall give to the justices acting for any petty sessional division affected by the order an opportunity of making to him any representations which they may desire to make with respect to the order, and shall consider any representations made by them.

(3)Every petty sessional division which is not included in a probation area by virtue of an order made under the foregoing provisions of this paragraph shall itself constitute a probation area.

Probation Committees, Case Committees and Probation Officers.

2(1)For every probation area there shall be a probation committee which shall, subject to the provisions of sub-paragraph (3) of this paragraph, consist—

(a)if the probation area comprises more than one petty sessional division, of such number of justices as may be specified by the order, appointed in the manner so specified by the justices acting for the several petty sessional divisions comprised in the area and, if the order so provides, of such additional justices holding any of the offices of chairman, deputy chairman, assistant chairman or recorder of a court of quarter sessions having jurisdiction in the area, as may be appointed by the order;

(b)if the probation area is one petty sessional division, of a prescribed number of justices appointed in the prescribed manner by the justices acting for that division.

(2)For every petty sessional division there shall be one or more committees, to be called " case committees," and every such committee shall, subject to the provisions of the next following sub-paragraph, consist—

(a)if the division is a separate probation area, of the probation committee ;

(b)in any other case, of a prescribed number of justices appointed by the justices acting for that division.

(3)Any case committee for a petty sessional division not being a separate probation area, or any probation committee, may co-opt such number of persons, possessing such qualifications as may be prescribed, as they think fit :

Provided that the number of members so co-opted shall not exceed one-third of the number of members of the committee, and no person shall be so co-opted if he is a justice of the peace for any county or borough in which the probation area or any part thereof is situated, or which is wholly or partly comprised in that area.

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

(a)to appoint sufficient probation officers for their probation area, subject, in the case of such classes or descriptions of probation officers as may be prescribed, to the approval of the appointment by the Secretary of State, and to ensure that at least one probation officer who is a man and one probation officer who is a woman shall be appointed for or assigned by the committee to each petty sessional division ; (5) to pay to the probation officers appointed for their area such remuneration, allowances and expenses as may be prescribed ;

(c)to provide for the efficient carrying out of the work of probation officers ;

(d)to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers, being persons required by a probation order or supervision order to reside in any place otherwise than for the purpose of their submitting to treatment for their mental condition as voluntary or resident patients ; and

(e)to perform such other duties in connection with the work of probation officers as may be prescribed.

(2)A probation committee may, in such cases and in such manner as may be prescribed, give financial and other assistance to persons under the supervision of probation officers appointed for their area.

(3)A probation committee shall pay any expenses incurred in accordance with rules made by the Secretary of State under this Schedule by a case committee for a petty sessional division in their probation area.

(4)A probation committee may delegate such of their functions as may be approved by the Secretary of State to a sub-committee consisting of such number of members of the committee as may be so approved.

(5)It shall be the duty of probation officers to supervise the probationers and other persons placed under their supervision and to advise, assist and befriend them, to inquire, in accordance with any directions of the court, into the circumstances or home surroundings of any person with a view to assisting the court in determining the most suitable method of dealing with his case, to advise, assist and befriend, in such cases and in such manner as may be prescribed, persons who have been released from custody and to perform such other duties as may be prescribed or may be imposed by any enactment.

(6)It shall be the duty of case committees to review the work of probation officers in individual cases, and to perform such other duties in connection with the work of probation officers as may be prescribed.

(7)Rules made under this Schedule relating to the procedure of case committees may provide that some only of the members of a case committee shall be summoned to deal with any particular case or class of cases.

Selection of Probation Officers.

4(1)The probation officer who is to be responsible for the supervision of any probationer shall be selected under arrangements made by the probation committee for the probation area which includes the petty sessional division for the time being named in the order from among the probation officers appointed for or assigned to that petty sessional division ; and, if the probation officer so selected dies or is unable for any reason to carry out his duties, or if the case committee dealing with the case think it desirable that another officer should take his place, another probation officer shall be selected in like manner from among the probation officers appointed for or assigned to that division.

(2)The probation officer under whose supervision a woman or girl is placed shall be a woman.

Expenses.

5(1)The sums required to meet any expenses incurred by a probation committee under the provisions of this Schedule, and expenses incurred by a probation committee in respect of superannuation allowances, gratuities or compensation payable by virtue of an order under the [10 & 11 Geo. 6. c. 38.] Probation Officers (Superannuation) Act, 1947. to or in respect of probation officers and clerks appointed by probation committees or probation officers to assist probation officers in the performance of their duties, and any other expenses incurred by a probation committee in accordance with rules made under this Schedule, shall be defrayed, in accordance with rules so made, by the local authority in whose area the probation area is situated:

Provided that the Secretary of State may, if he is satisfied that a probation committee are not efficiently performing their functions under this Schedule or have unreasonably incurred expenses in the performance of those functions, direct that the local authority shall be relieved, to such extent as may be specified in the direction, of their liability to defray the expenses of the probation committee.

(2)Where a probation area is situated in the area of two or more local authorities, the sums to be defrayed as aforesaid shall be apportioned between the several authorities in such manner as may be agreed upon between them, or, in default of agreement, as may be determined by the Secretary of State.

(3)Where a probation officer is appointed for more than one probation area, his salary and any expenses incurred by him or by a probation committee in respect of the performance of his duties, and any expenses incurred in respect of a superannuation allowance, gratuity or compensation payable to or in respect of him or any clerk appointed to assist him under an order under the Probation Officers (Superannuation) Act, 1947, shall be apportioned between the probation committees for the several probation areas for which he is appointed, in such manner as may be agreed upon by the probation committees after consultation with the local authorities affected, or, in default of agreement, as may be determined by the Secretary of State.

General.

6The Secretary of State may make rules—

(a)regulating the constitution, procedure, powers and duties of probation committees and case committees, and the expenses which may be incurred by them and the manner in which those expenses are to be defrayed ;

(b)regulating the qualifications, manner of appointment, conditions of service and duties of probation officers ;

(c)prescribing anything else which under the foregoing provisions of this Schedule may be prescribed ;

and in those provisions the expression " prescribed " means prescribed by rules of the Secretary of State.

7(1)The foregoing provisions of this Schedule shall in their application to the metropolitan police court area have effect subject to the following modifications, that is to say :—

(a)the metropolitan police court area shall be a probation area;

(b)the provisions with respect to the constitution of probation committees and case committees shall not apply; and the Secretary of State may by order constitute committees to ensure that the work of probation officers is efficiently carried out and to review that work and for such other purposes as he may think fit;

(c)the power to appoint probation officers and the other powers of probation committees shall be exercisable by the Secretary of State;

(d)there shall be paid out of the metropolitan police fund such sums as the Secretary of State may direct to meet the expenses and contributions which would, in the case of probation areas outside the metropolitan police court area, be payable by local authorities.

(2)Notwithstanding anything in paragraph I of this Schedule, the City of London shall not be included in a probation area constituted by an order made thereunder.

Section 56.

SIXTH SCHEDULERelease of Young Offenders from Prison on Licence.

1A person released on licence under section fifty-six of this Act shall until the expiration of his sentence be under the supervision of such society or person as may be specified in the licence and shall comply with such other requirements as may be so specified :

Provided that the Prison Commissioners may at any time modify or cancel any such requirements.

2If before the expiration of his sentence the Prison Commissioners are satisfied that a person released as aforesaid has failed to comply with any requirement for the time being specified in the licence, they may by order recall him to a prison ; and thereupon he shall be liable to be detained in the prison until the expiration of his sentence and, if at large, shall be deemed to be unlawfully at large.

3The Prison Commissioners may release on licence a person detained in a prison under the last foregoing paragraph at any time before the expiration of his sentence ; and the foregoing provisions of this Schedule shall apply in the case of a person released under this paragraph as they apply in the case of a person released under section fifty-six of this Act.

4The Prison Commissioners in exercising their functions under section fifty-six of this Act and this Schedule shall act in accordance with any general or special directions of the Secretary of State.

5Where the unexpired part of the sentence of a person released under the said section fifty-six is less than six months, the provisions of this Schedule shall apply to him subject to the following modifications—

(a)the period for which he is under supervision under paragraph 1, and is liable to recall under paragraph 2, shall be a period of six months from the date of his release under the said section fifty-six;

(b)if he is recalled under paragraph 2, the period for which he may be detained thereunder shall be whichever is the shorter of the following, that is to say—

(i)the remainder of the said period of six months ; or

(ii)the part of his sentence which was unexpired on the date of his release under the said section fifty-six, reduced by any time during which he has been so detained since that date ;

and he may be released on licence under paragraph 3 at any time before the expiration of that period.

Section 61.

SEVENTH SCHEDULE

PART IProvisions relating to Persons in England after Discharge from Prisons, etc., in Scotland.

1In relation to any person who, whether before or after the commencement of this Act, has been discharged from a Borstal institution in Scotland, either on licence or at the expiration of his sentence, and who is for the time being in England, the provisions of sections five and six of the [8 Edw. 7. c. 59.] Prevention of Crime Act, 1908, shall apply as if those sections had not been repealed by this Act.

2In relation to any person who, whether before or after the commencement of this Act, has been released on licence under section fourteen of the Prevention of Crime Act, 1908, from a prison in Scotland, and who is for the time being in England, the provisions of that section, and of sections fifteen and sixteen of that Act, shah apply as if it had not been repealed by this Act.

3In relation to any person who, whether before or after the commencement of this Act, has been released on licence under section nine of the [16 & 17 Vict. c. 99.] Penal Servitude Act, 1853, from a prison in Scotland, and who is for the time being in England, the provisions of the Penal Servitude Acts, 1853 to 1891, relating to persons so released, and the provisions of sections three to five of the Prevention of Crimes Act, 1871, and section twenty-six of the [4 & 5 Geo. 5. c. 58.] Criminal Justice Administration Act, 1914, shall apply as if those provisions had not been repealed by this Act.

4In relation to any person who is subject to the supervision of the police by virtue of a direction given, whether before or after the commencement of this Act, by a court in Scotland under section eight of the Prevention of Crimes Act, 1871, and who is for the time being in England, the provisions of that section and of sections two and four of the Penal Servitude Act, 1891, shall apply as if those provisions had not been repealed by this Act.

5In relation to any such person as is mentioned in the foregoing provisions of this Schedule, the provisions of section twenty-one of the [1 Edw. 8. & 1 Geo. 6. c. 12.] Firearms Act, 1937, shah have effect as originally enacted and not as amended by this Act.

PART IIProvisions Relating to Persons in Scotland after Discharge from Prisons, etc., in England.

6Where any person serving a term of imprisonment for life has been released on licence under subsection (1) of section fifty-seven of this Act, he may be recalled under subsection (2) of that section notwithstanding that he is for the time being in Scotland ; and in relation to any such person, while in Scotland, the said subsection (2) shah extend to Scotland accordingly.

7Where any person sentenced to Borstal training under this Act, or who is required by virtue of any enactment to be treated as if he had been so sentenced, is released from a Borstal institution, he shall continue to be under supervision, and, may be recalled, in accordance with the provisions of the Second Schedule to this Act, notwithstanding that he is for the time being in Scotland ; and in relation to any such person, while in Scotland, the provisions of that Schedule (other than paragraph I thereof) shall extend to Scotland accordingly.

8Where any person sentenced under this Act to corrective training or preventive detention, or required by virtue of section sixty-one of this Act to be treated as if he had been so sentenced, is released on licence under paragraph I of the Third Schedule to this Act, any requirements of the licence shall continue in force, and he may be recalled under the said Third Schedule, notwithstanding that he is for the time being in Scotland; and in relation to any such person, while in Scotland, the provisions of that Schedule (except paragraph I thereof) shall extend to Scotland accordingly.

9Where any person serving a sentence of imprisonment is released on licence under subsection (2) of section fifty-six of this Act, he shall continue to be under supervision, and may be recalled, in accordance with the provisions of the Sixth Schedule to this Act, notwithstanding that he is for the time being in Scotland ; and in relation to any such person, while in Scotland, the provisions of that Schedule shall extend to Scotland accordingly.

10Where, under section twenty-two of this Act, any person convicted of an offence is ordered to be subject to the provisions of that section, he shall remain so subject notwithstanding that he is for the time being in Scotland ; and in relation to any such person, while in Scotland, the provisions of that section and of the Fourth Schedule to this Act shall extend to Scotland accordingly, and the reference in paragraph 4 of the said Fourth Schedule to section thirty of the Police Pensions Act, 1921, shall be construed as a reference to that section as it applies to Scotland.

Section 78.

EIGHTH SCHEDULETransitory Provisions.

1(1)Any person who immediately before the commencement of this Act was undergoing or liable to undergo a term of penal servitude under a sentence passed by a court in any part of Great Britain, or as a condition of a pardon granted by His Majesty for an offence for which he was sentenced to death by such a court, or in consequence of the forfeiture or revocation of a licence granted in any part of Great Britain under the Penal Servitude Acts, 1853 to 1891, shall, if he is or ought to be in custody in England at the commencement of this Act, be treated thereafter as if he had been sentenced to, or were undergoing or liable to undergo, imprisonment and not penal servitude for that term.

(2)Where any person who having been sentenced to penal servitude for life, or while undergoing penal servitude for life as a condition of a pardon granted as aforesaid, is at the commencement of this Act the holder of a licence granted under the Penal Servitude Acts, 1853 to 1891, which has not been forfeited or revoked, he shall, unless the licence was granted to him while he was in Scotland, be deemed to have been released on licence under section fifty-seven of this Act, and paragraph 6 of the Seventh Schedule to this Act shall apply to him accordingly.

(3)Where any person who having been sentenced to penal servitude for a term less than life is at the commencement of this Act the holder of a licence granted as aforesaid under the Penal Servitude Acts, 1853 to 1891, which has not been forfeited or revoked, ha shall, unless the licence was granted to him while he was in Scotland, be treated as if his sentence had expired.

2Any person who has been sentenced to imprisonment with hard labour for a term which has not expired at the commencement of this Act shall, for the remainder of that term, be treated as though he had been sentenced to imprisonment without hard labour; but nothing in this paragraph shall affect any disability or disqualification attaching to him by virtue of his sentence.

3(1)Any person who is at the commencement of this Act detained in custody in England under a sentence of preventive detention shall for the remainder of the period for which he was sentenced to preventive detention be treated as if he had been sentenced to preventive detention under this Act; . and the provisions of this Act relating to preventive detention shall apply to him accordingly.

(2)Where a person having been sentenced to a term of preventive detention is at the commencement of this Act absent from prison by virtue of a licence granted under section fourteen of the Prevention of Crime Act, 1908, the provisions of Part II of that Act shall continue to apply to him; but if before the expiration of the term his licence is revoked or forfeited the said provisions shall cease to apply, and he shall for the remainder of the term be treated as if he had been sentenced to preventive detention under this Act; and the provisions of this Act relating to preventive detention shall apply to him accordingly.

(3)Where a person has been sentenced to penal servitude for a term which has not expired at the commencement of this Act, and is liable to undergo a period of preventive detention on the determination of the sentence of penal servitude, there shall be substituted for the sentence of preventive detention a sentence of preventive detention under this Act for a like period ; and the provisions of this Act relating to preventive detention shall apply to that person accordingly.

4(1)Where a person has been sentenced, otherwise than by a court in Scotland, to detention in a Borstal institution, then if immediately before the commencement of this Act he is or ought to be detained in England in a Borstal institution, or in a prison awaiting removal to such an institution, or holds a licence in force under section five of the Prevention of Crime Act, 1908, or is under the supervision of the Prison Commissioners under section six of that Act, he shall be deemed to have been sentenced to Borstal training under this Act, or to be under supervision under the Second Schedule to this Act ; and in its application to him the said Second Schedule shall have effect as if for the references therein to three years there were substituted references to the term of the sentence of detention in a Borstal institution and for the references therein to four years there were substituted references to the sum of that term and one year.

(2)Any person to whom Part I of the Prevention of Crime Act, 1908, applied immediately before the commencement of this Act by reason of his transfer from a prison to a Borstal institution under section three of that Act shall be treated as if he were transferred under the provisions of this Act on the date of the commencement of this Act.

5(1)Where at the commencement of this Act a person is subject to the supervision of the police pursuant to the direction of a court in England given under section eight of the Prevention of Crimes Act, 1871, the period for which he is under' supervision shall expire at the end of twelve months from the commencement of this Act unless it shall have expired sooner.

(2)Any period of supervision as aforesaid exceeding twelve months which has not begun before the commencement of this Act shall by virtue of this Act be reduced to twelve months.

(3)The Secretary of State may substitute for any such direction, the period of supervision under which has not expired at the commencement of this Act, an order that the person subject to supervision under the direction shall, during the remainder of the period for which he would be liable to such supervision, be subject to the provisions of section twenty-two of this Act.

6The Probation of Offenders Act, 1907, shall continue in force so far as it relates to any probation order by virtue of which a person is under supervision at the commencement of this Act or to any order, other than a probation order, by virtue of which a person is then bound by a recognizance entered into under section one of that Act:

Provided that any court which under that Act has jurisdiction to appoint a probation officer in lieu of the probation officer or other person named in the probation order or to vary the terms and conditions of the recognizance entered into by the probationer may, without summoning the probationer, amend the order by substituting for the words naming the person who is to exercise the supervision under the order words naming the petty sessional division in which the probationer is residing or will reside ; and this Act shall have effect in relation to a probation order so amended as if it had been made under this Act and amended under paragraph 2 of the First Schedule to this Act and as if the conditions of the recognizance entered into by the probationer under section two of that Act were requirements of the probation order ; and the Probation of Offenders Act, 1907, shall cease to apply thereto and any recognizance entered into under that Act shall be discharged.

7For the purposes of this Act—

(a)prison rules made under any enactment repealed by this Act and regulations made under section four of the Prevention of Crime Act, 1908, shall be deemed to have been made under section fifty-two of this Act;

(b)orders made under subsection (1) of section two of the Criminal Justice Act, 1925, shall be deemed to have been made under paragraph 1 of the Fifth Schedule to this Act, and may be amended under this Act accordingly ;

(c)orders made under subsection (6) of the said section two shall be deemed to have been made under paragraph (c) of subsection (2) of section forty-five of this Act, and may be amended as aforesaid ; and

(d)rules made under section seven of the Probation of Offenders Act, 1907, or under section eight of the Criminal Justice Act, 1925, shall be deemed to have been made under paragraph 6 of the Fifth Schedule to this Act:

Provided that, notwithstanding anything in sub-paragraph (1) of paragraph 2 of the said Fifth Schedule, the probation committee for a combined probation area constituted by an order made under subsection (1) of section two of the Criminal Justice Act, 1925, may be constituted in any manner for the time being provided by that order.

8Sections six to thirty of the Forfeiture Act, 1870, so far as those sections apply to a person who has ceased to be subject to the operation of that Act, shall, notwithstanding the repeal by this Act of those sections, continue in force in relation to any convict who immediately before the date of the commencement of this Act was subject to the operation of that Act, and shall apply to any such convict as if his sentence had expired on that date.

9In relation to any person who—

(a)having been sentenced to a term of preventive detention is at the commencement of this Act absent from prison by virtue of a licence granted under section fourteen of the Prevention of Crime Act, 1908 ; or

(b)is at the commencement of this Act subject to the supervision of the police pursuant to the direction of any court under section eight of the Prevention of Crimes Act, 1871,

the provisions of section twenty-one of the Firearms Act, IQ37, shall have effect as originally enacted and not as amended by this Act.

Section 79.

NINTH SCHEDULEConsequential and Minor Amendments.

Sections 81, 82, 83.

TENTH SCHEDULEEnactments Repealed.

PART IRepeals Extending to England only.

PART IIRepeals Extending to Scotland.

PART IIIRepeals Extending to Scotland and Northern Ireland.