Textual Amendments
F2Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2
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Textual Amendments
F3Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2
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Textual Amendments
F4Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2
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Textual Amendments
F5Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch.13; S.I. 1992/333, art. 2(2), Sch.2
Textual Amendments
F6S. 63 repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
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Textual Amendments
F7Ss. 59 to 64 repealed (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(2), Sch. 13; S.I. 1992/333, art. 2(2), Sch.2
Corporal punishment shall not be inflicted in any prison or other institution to which the M1Prison Act 1952 applies, and accordingly section 18 of that Act shall cease to have effect.
Marginal Citations
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(2)Section 15 of the said Act of 1952 (provision of separate buildings for male and female prisoners confined in the same prison) shall cease to have effect.
(3)For sections 30 to 32 of the said Act of 1952 (discharged prisoners aid societies and allowances and expenses for discharged prisoners) there shall be substituted the following section:—
The Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine”
(4)Any statutory instrument containing rules made under section 47 of the said Act of 1952 (prison rules) shall be subject to annulment in pursuance of a resolution of either House of Parliament; and accordingly so much of section 52(2) of that Act as requires a draft of such an instrument to be laid before Parliament shall cease to have effect.
(5)In section 47(4) of that Act (duty to include in prison rules provisions for the special treatment of certain classes of prisoners), paragraphs (b) and (c) (persons convicted of sedition, etc., and appellants) shall cease to have effect, and at the end of paragraph (d) (miscellaneous prisoners) there shall be added the words “or a person committed to custody on his conviction”.
Textual Amendments
F8S. 66(1) repealed by Criminal Justice Act 1982 (c. 48, SIF 39:1), Sch. 16
Modifications etc. (not altering text)
C1The text of s. 66(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C2The text of s. 66(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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Textual Amendments
F9S. 67 repealed (4.4.2005) (except in relation to a case in which a court has imposed a sentence of imprisonment in respect of an offence committed before 4.4.2005 (whether or not it has also imposed a sentence of imprisonment in respect of an offence committed after that date)) by Crime (Sentences) Act 1997 (c. 43), s. 57(2), Sch. 6; S.I. 2005/932, art. 2
Textual Amendments
F10Ss. 48(1), 54(6)(8), 62(8), 68, 93(3) repealed by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I
(1)In section 38(3) of the M2Criminal Justice Act 1961 (construction of references to imprisonment or detention and sentence) at the end there shall be added the following paragraph—
“(c)any reference to a person serving a sentence of, or sentenced to, imprisonment or detention shall be construed as including a reference to a person who, under any enactment relating to children and young persons in force in any part of the United Kingdom or any of the Channel Islands or the Isle of Man, has been sentenced by a court to be detained for an offence and is liable to be detained in accordance with directions given by the Secretary of State, by the Minister of Home Affairs for Northern Ireland or by the Governor of the Isle of Man with the concurrence of the Secretary of State, and any other reference to a sentence of imprisonment or detention shall be construed accordingly.”
(2)In section 49 of the M3Prison Act 1952 F11. . .and section 38(2) of the M4Prison Act (Northern Ireland) 1953 (persons unlawfully at large) any reference to a person sentenced to imprisonment shall be construed as including a reference to any such person as is mentioned in the foregoing subsection.
Textual Amendments
F11Words in s. 69(2) repealed (31.3.1996) by 1995 c. 20, s. 117, Sch. 6 Pt. I para. 5, Sch. 7 Pt. I
Modifications etc. (not altering text)
C3The text of s. 69(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
(1)Where the Secretary of State, in the case of a person serving a sentence of imprisonment,. . . F12 in Scotland, is of the opinion that in the interests of security or of public safety that person ought to be transferred to a prison in England and Wales, he may make an order for his transfer to that prison:
Provided that the Secretary of State may at any time make an order for the transfer of that person back to a prison in Scotland.
(2)A person transferred to England and Wales or transferred back to Scotland under this section shall be treated for all purposes as if he had been transferred to England and Wales or, as the case may be, Scotland under section 26 of the M5Criminal Justice Act 1961.
Textual Amendments
F12Words repealed by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 8
Marginal Citations
Any power conferred by or under any enactment to release a person from a prison or other institution to which the Prison Act 1952 applies or from an approved school may be exercised notwithstanding that he is not for the time being detained in that institution or school and a person released by virtue of this section shall, after his release, be treated in all respects as if he had been released from that institution or school.
[F13(1)On an information in writing being laid before a justice of the peace for any area in England and Wales or Northern Ireland and substantiated on oath, or on an application being made to a sheriff, magistrate or justice of the peace in Scotland, alleging that any person is—
(a)an offender unlawfully at large from a prison or other institution to which the Prison Act applies in which he is required to be detained after being convicted of an offence; or
(b)a convicted mental patient liable to be retaken under [F14section 18, 38(7) or 138 of the Mental Health Act 1983], section 36 or 106 of the M6Mental Health (Scotland) Act 1960 or [F15Article 29, 45(6) or 132 of the Mental Health (Northern Ireland) Order 1986] (retaking of mental patients who are absent without leave or have escaped from custody);
the justice, sheriff or magistrate may issue a warrant to arrest him and bring him before a magistrates’ court for that area or, in Scotland, before any sheriff.
(2)Where a person is brought before a magistrates’ court or sheriff in pursuance of a warrant for his arrest under this section, the court or sheriff shall, if satisfied that he is the person named in the warrant and if satisfied as to the facts mentioned in paragraph (a) or (b) of the foregoing subsection, order him to be returned to the prison or other institution where he is required or liable to be detained or, in the case of a convicted mental patient, order him to be kept in custody or detained in a place of safety pending his admission to hospital.
(3)[F16section 137 of the Mental Health Act 1983], section 105 of the M7Mental Health (Scotland) Act 1960 and [F17Article 131 of the Mental Health (Northern Ireland) Order 1986] (custody, conveyance and detention of certain mental patients) shall apply to a convicted mental patient required by this section to be conveyed to any place or to be kept in custody or detained in a place of safety as they apply to a person required by or by virtue of [F18the said Act of 1983], 1960 [F19or 1984 or the said Order of 1986] 1960 or 1961, as the case may be, to be so conveyed, kept or detained.
(4)In this section—
“convicted mental patient” means a person liable after being convicted of an offence to be detained under [F20Part III of the Mental Health Act 1983], Part V of the Mental Health (Scotland) Act 1960 or Part III of the Mental Health [F21(Northern Ireland) Order 1986] in pursuance of a hospital order or transfer direction together with an order or direction restricting his discharge [F22or in pursuance of a hospital direction and a limitation direction][F23or a person liable to be detained under][F20section 38 of the said Act of 1983][F24or Article 45 of the Mental Health (Northern Ireland) Order 1986];
“place of safety” has the same meaning as in [F20Part III of the said Act of 1983] or 1960 or Part III of the said [F25Order of 1986], as the case may be;
“Prison Act” means the M8Prison Act 1952, the M9Prisons (Scotland) Act 1952 or the M10Prison Act (Northern Ireland) 1953, as the case may be.]
(5)Section 27 of the M11Criminal Justice Administration Act 1914 (power to issue warrants for the arrest of persons who may be arrested without a warrant) shall cease to have effect.
Textual Amendments
F13S. 72(1)–(4) repealed (S.) by Criminal Procedure (Scotland) Act 1975 (c. 21), Sch. 10 Pt. I
F14Words substituted by virtue of Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(a) and Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(a)
F15Words substituted by S.I. 1986/596, art. 5(a
F16Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)
F17Words substituted by S.I. 1986/596, art. 5(b)
F18Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(b)
F19Words substituted by virtue of S.I. 1986/596, art. 5(b)
F20Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 21(c)
F21Words substituted by S.I. 1986/596, art. 5(c)
F22Words in s. 72(4) inserted (1.10.1997) by 1997 c. 43, s. 55(1), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(l)(2)(b)
F23Words inserted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 35(b)
F24Words added by 1986/596, art. 5(c)
F25Words substituted by S.I. 1986/596, art. 5(d)
Modifications etc. (not altering text)
C4S. 72(4) amended (1.10.1997 for specified purposes and otherwiseprosp.) by 1997 c. 43, s. 55(2), Sch. 4 para. 5(2); S.I. 1997/2200, art. 2(1)(m)
C5The text of s. 72(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations