SCHEDULES

Section 2.

FIRST SCHEDULEForm of Probation Order

Sections 2, 4.

SECOND SCHEDULEDischarge and Amendment of Probation Orders

Discharge

1A probation order may on the application of the probation officer or of the probationer be discharged—,

(a)by the appropriate court, or

(b)if no appropriate court has been named in the original or in any amending order, by the court which made the order.

Amendment

2(1)If the court by which a probation order was made, or the appropriate court is satisfied that the probationer proposes to change or has changed his residence from the probation area named in the order to another probation area, the court may, and if application is made in that behalf by the probation officer shall, by order, amend the probation order by (a) substituting for the probation area named therein that other probation area, and (6) naming the appropriate court to which all the powers of the court by which the order was made shall be transferred, and which shall appoint a probation officer or officers for the aforesaid other probation area in lieu of the probation officer or officers named in the order.

(2)The court to be named as the appropriate court in any amendment of a probation order in pursuance of the last foregoing sub-paragraph shall be a court exercising jurisdiction in the place where the probationer resides or is to reside and shall be a sheriff court, a justice of the peace court or a burgh or police court according as the probation order was made by a sheriff court, a justice of the peace court or a burgh or police court:

Provided that—

(i)if there is no justice of the peace court or burgh or police court as the case may be exercising jurisdiction in the said place the court to be so named shall be the sheriff court; and

(ii)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 probation area named in the order, the court shall not amend the order as aforesaid, unless in accordance with the following provisions of this Schedule, it cancels those requirements or substitutes therefor other requirements which can be so complied with.

(3)Where a probation order is amended under this paragraph, the clerk of the court amending it shall send to the clerk of the appropriate court, four copies of the order together with such documents and information relating to the case as the court amending the order considers likely to he of assistance to the appropriate court, and the clerk of that court shall send one copy of the probation order to the probation committee of the substituted probation area, and two copies to the probation officer appointed by the appropriate court, one of which the probation officer shall give to the probationer.

(4)The foregoing provisions of this paragraph shall in the case where the probation order was made by the High Court of Justiciary have effect subject to the following modifications—

(a)the Court shall not name an appropriate court, but may substitute for the probation officer or officers named in the order another probation officer or other probation officers, and any salaried probation officer so substituted shall be selected from among the salaried probation officers for the area in which the probationer is to reside;

(b)the clerk of justiciary shall send to the clerk of the probation committee for the area in which the probationer is to reside three copies of the amending order together with such documents and information relating to the case as is likely to be of assistance to the committee, and the clerk of the committee shall send two copies of the amending order to the probation officer named therein, one of which the probation officer shall give to the probationer.

3Without prejudice to the provisions of the last foregoing paragraph, the court by which .a probation order was made or the appropriate 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 two and three 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 place, or to submit to treatment for his mental condition, for any period or periods 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 court which made the order or to the appropriate court for the variation or cancellation of the requirement.

General

5Where the court which made the order or the appropriate court proposes to amend a probation order under this Schedule, otherwise than on the application of the probationer, it shall cite him to appear before the court; and the court shall not amend the 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 probation area for the probation area named in the probation order.

6On the making of an order discharging or amending a probation order, the clerk of 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.

7Subsection (9) of section two 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 or place as it applies to a probation order made under that section.

Section 11.

THIRD SCHEDULEAdministrative Provisions as to Probation

Probation Areas

1(1)Subject as hereinafter provided each large burgh and each county inclusive of every small burgh situate therein shall be a probation area:

Provided that the Secretary of State, if the circumstances seem to him to render such a course expedient, may by order direct that any two or more of the areas aforesaid be combined in whole or in part to form one probation area or that any county (inclusive as aforesaid) be divided into two or more probation areas.

(2)Before making an order under the preceding sub-paragraph, the Secretary of State shall give to each sheriff having jurisdiction in any part of the area to which the proposed order will apply and to the council of any county or burgh to which the proposed order will apply, an opportunity of making any representations which they may desire to make with respect to the proposed order.

(3)An order made under sub-paragraph (1) of this paragraph may be amended or revoked by a subsequent order and the provisions of sub-paragraph (2) of this paragraph shall apply in relation to any such subsequent order.

Probation and Case Committees

2(1)There shall be a probation committee for each probation area.

(2)The probation committee shall consist (in addition to the ex officio members under the next succeeding sub-paragraph) of such number of persons as may be prescribed (not being less than five nor, except where in the opinion of the Secretary of State the circumstances of the area otherwise require, more than fifteen), and such persons (of whom at least one shall be a woman) shall be appointed, in accordance with rules made by the Secretary of State, by the local authority for the probation area, or where the probation area comprises in whole or in part the areas of two or more local authorities, by those local authorities.

(3)The sheriff of each county wholly or partly comprised in a probation area, and any one or more sheriffs-substitute having jurisdiction in any such county whom the sheriff may nominate for the purpose, and the stipendiary magistrate for any burgh wholly or partly comprised in a probation area shall be members ex officio of the probation committee for that area.

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

(a)to appoint sufficient salaried 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;

(b)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 and to supervise such work and to receive reports by such 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)Nothing in the last foregoing sub-paragraph shall require the probation committee for any area to appoint a whole-time probation officer for any area if it is shown to the satisfaction of the Secretary of State that such appointment is unnecessary.

(3)The same person may be appointed to be a salaried probation officer for two or more probation areas.

(4)It shall be competent for a probation committee to appoint in accordance with rules made by the Secretary of State one or more case committees and to delegate thereto any of their functions relating to the supervision of the work of probation officers.

(5)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.

Duties of Probation Officers

4It 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.

Selection of Probation Officers

5(1)Where the circumstances permit, the court shall nominate a probation officer who is a woman to supervise a female offender.

(2)The court by which a probation order has been made, shall where the probation officer named in the order dies or is unable for any reason to carry out his duties, or where the court for any reason considers it desirable that another probation officer should be nominated in place of the officer named in the order, nominate another probation officer to act under the order.

(3)The foregoing provisions of this paragraph shall with any necessary modifications apply to the appropriate court in like manner as they apply to the court by which a probation order was made.

Expenses

6(1)The sums required to meet any expenses incurred by a probation committee under the Local Government Act, 1948, or under the provisions of this Schedule, or in accordance with rules made thereunder or in respect of (a) the remuneration or expenses of any probation officer or any clerk appointed to assist a probation officer in the performance of his duty or (b) the inclusion of any salaried whole-time probation officer or any such clerk as aforesaid in a superannuation fund maintained under the Local Government Superannuation (Scotland) Act, 1937, or under a local Act scheme within the meaning of that Act, shall be defrayed in accordance with rules made under this Schedule by the local authority in whose area the probation area is situated.

(2)Where a probation officer is appointed for more than one probation area, any expenses incurred under this Schedule in respect of the remuneration, expenses or superannuation of such officer or of any clerk appointed to assist him in the performance of his duty 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, according to the rateable valuation in the valuation rolls of the respective probation areas.

(3)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 according to the rateable valuation in the valuation rolls of the respective areas of the local authorities so far as within the probation area.

General

7The Secretary of State may make rules—

(a)regulating the constitution, procedure, powers and duties of probation committees and case committees and the appointment and tenure of office of the members thereof;

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

(c)fixing scales of salaries and remuneration of salaried probation officers, and of expenses to be allowed to salaried and voluntary probation officers;

(d)regulating the expenditure which may be incurred by probation and case committees and the manner in which such expenditure is to be defrayed;

(e)requiring probation committees to furnish reports with respect to the work or duties of their probation officers;

(f)empowering local authorities to appoint the clerk and other officers (other than probation officers) of probation committees;

(g)for the auditing of the accounts of probation committees; and

(h)for prescribing anything else which under the provisions of this Schedule may be prescribed.

8In this Schedule—

• the expressions " county " and " county council " mean, in the case of counties combined for the purposes mentioned in subsection (1) of section one hundred and eighteen of the Local Government (Scotland) Act, 1947, the combined county and the joint county council;

• the expression " local authority " means in the case of a large burgh, the town council and in the case of a county inclusive of any small burgh situate therein, the county council;

• the expression " prescribed " means prescribed by rules made by the Secretary of State;

• the expression " sheriff " does not include sheriff substitute.

Section 20.

FOURTH 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 Secretary of State may determine, and shall then be released.

2A person shall, after his release from a Borstal institution and until the expiration of a period of three years from the date of his sentence or. the expiration of one year from the date of his release, whichever is the earlier, be under the supervision of such society or 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 requirements as may be so specified:

Provided that the Secretary of State 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 the Secretary of State is 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, the Secretary of State 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 one year from the date of his being taken into custody under the order and, if at large, shall be deemed to be unlawfully at large:

Provided that—

(a)any such order shall, at the expiration of a period of three 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 Secretary of State 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 I 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 Secretary of State in exercising his functions under this Schedule shall consider any report made to him by a visiting committee on the advisability of releasing a person from a Borstal institution.

Section 21.

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

1The Secretary of State 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-three of this Act or 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 Secretary of State thinks it expedient, a requirement that he shall be under the supervision of such society or person as may be so specified :

Provided that the Secretary of State may at any time modify or cancel any of the said requirements.

3If before the expiration of his sentence the Secretary of State is 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, the Secretary of State 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 Secretary of State 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, the 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.

Section 22.

SIXTH 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 accused 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 accused 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 sufficient 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 sufficient evidence of the facts so certified.

(3)A certificate purporting to be signed by or on behalf of the Secretary of State 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 sufficient 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 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.

Sections 39, 46.

SEVENTH SCHEDULEForms of Notices to Accused in Criminal Proceedings

PROCEEDINGS ON INDICTMENT

FORM No. 1. Notice of Previous Convictions.

SUMMARY PROCEEDINGS.

FORM No. 2. Notice as to penalty for statutory offence.

FORM No. 3.Notice of Previous Convictions in charge of Statutory Offence.

FORM No. 4Notice of previous convictions in charge of Common Law offence.

Section 56.

EIGHTH 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 Secretary of State may at any time modify or cancel any such requirements.

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

3The Secretary of State 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.

4Where 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.

Sections 20, 56 and 62.

NINTH SCHEDULEProvisions Relating to Persons in England after Discharge from Prisons, Etc., in Scotland

1Where 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 England; and in relation to any such persons, while in England, the said subsection (2) shall extend to England accordingly.

2Where 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 Fourth Schedule to this Act, notwithstanding that he is for the time being in England and in relation to any such person, while in England, the provisions of that Schedule (other than paragraph 1 thereof) shall extend to England accordingly.

3Where any person sentenced under this Act to corrective training or preventive detention, or required by virtue of section sixty-two of this Act to be treated as if he had (been so sentenced, is released on licence under paragraph 1 of the Fifth Schedule to this Act, any requirements of the licence shall continue in force, and he may be recalled under the said Fifth Schedule, notwithstanding that he is for the time being in England; and in relation to any such person, while in England, the provisions of that Schedule (except paragraph 1 thereof) shall extend to England accordingly.

4Where 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 Eighth Schedule to this Act, notwithstanding that he is for the time (being in England; and in relation to any such person, while in England, the provisions of that Schedule shall extend to England accordingly.

5Where, 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 England; and in relation to any such person, while in England, the provisions of that section and of the Sixth Schedule to this Act shall extend to England accordingly.

Section 76.

TENTH SCHEDULETransitory Provisions

1Where in any proceedings commenced before the date of the commencement of this Act no sentence, probation order, order discharging the offender absolutely or other order finally disposing of the case has been passed or made, the court shall have power to pass or make any sentence or order which it could have passed or made if the proceedings had been commenced after the said date.

2(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, 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 Scotland 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 be deemed to have been released on licence under section fifty-seven of this Act.

(3)In the case of a person who is deemed by virtue of the last foregoing sub-paragraph to have been released on licence under section fifty-seven of this Act, the Secretary of State may, without recalling him to prison, substitute for the licence granted under the Penal Servitude Acts, 1853 to 1891, a licence under the said section fifty-seven.

(4)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, he shall be -treated as if his sentence had expired.

3Any 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.

4(1)Any person who is at the commencement of this Act detained in custody 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.

5(1)Any person who, having been sentenced to detention in a Borstal institution, is or ought to be immediately before the commencement of this Act detained in Scotland in a Borstal institution, or in a prison awaiting removal to such an institution, or then holds a licence in force under section five of the Prevention of Crime Act, 1908, or is under the supervision of the Secretary of State under section six of that Act, shall be deemed to have been sentenced to Borstal training under this Act, or to be under supervision under the Fourth Schedule to this Act; and in its application to him the said Fourth 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.

(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.

6(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 Scotland 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.

7(1)Any probation order made under the Probation of Offenders Act, 1907, by virtue of which a person is under supervision at the commencement of this Act shall be deemed to have been made under this Act:

Provided that where any requirement as to residence in such an order has been in operation for more than six months the probation officer shall apply to the court for a review of the requirement for the purpose of considering whether the requirement should be cancelled or the period thereof reduced, and where the requirement has been in operation for more than twelve months the probation -officer shall report the case to the court with a view to an order terminating the requirement.

(2)Any order made by the Secretary of State under paragraph (ii) of subsection (1) of section two of the Probation of Offenders (Scotland) Act, 1931, for the combination or division of areas shall have effect as if made under the Third Schedule to this Act.

(3)The members of a probation committee appointed for any area in accordance with rules under section three of the aforesaid Act of 1931 holding office at the commencement of this Act shall, pending an appointment of a committee under paragraph 2 of the Third Schedule to this Act be deemed to be the probation committee for. that area under this Act and the salaried probation officers appointed under the said Act for any area and holding office at the commencement of this Act shall be deemed to have been appointed under paragraph 3 of the said Schedule.

8For 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-three of this Act; and

(b)rules made under the Probation of Offenders Act, 1907, or the Probation of Offenders (Scotland) Act, 1931, shall be deemed to have been made under paragraph 7 of the Third Schedule to this Act.

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, 1937, shall have effect as originally enacted and not as amended by this Act.

Section 77.

ELEVENTH SCHEDULEConsequential and Minor Amendments

Section 79.

TWELFTH SCHEDULEEnactments Repealed