Criminal Justice (Scotland) Act 1980

Section 45(2).

SCHEDULE 5 Young Offenders

In the [1963 c. 39.] Criminal Justice (Scotland) Act 1963—

1 In section 10(3), at the end, there shall be added the following proviso—

“Provided that section 12 of this Act and section 212, or as the case may be 421, of the Criminal Procedure (Scotland) Act 1975 shall continue to apply to a person so transferred to prison.”.

2 For section 12 there shall be substituted the following section—

“12 Supervision of person released from young offenders institution.

(1) This section applies in relation to persons sentenced under section 207 or 415 of the Criminal Procedure (Scotland) Act 1975.

(2) Subject to sections 212 and 421 of the said Act of 1975 (which relate to recall of young offenders on re-conviction) and to subsections (4) to (6) and (9) below, a person in relation to whom this section applies may where he has been sentenced to a period of (or, as the case may be, periods totalling) 6 months or more be required, by notice of the Secretary of State given to the person on his release from that detention, both to be under the supervision of such officer as may be specified in the notice and to comply, while under the supervision, with such conditions as may be so specified ; and the supervision shall continue—

(a) in a case where such release is on licence under section 60(1) or section 61 of the Criminal Justice Act 1967, until the expiry of the period of 12 months from the date of such release or until the expiry of the licence, whichever is the later;

(b) in any other case—

(i) where the term was less than 18 months, until the expiry of the period of 6 months from the date of such release; or

(ii) where the term was 18 months or more, until the expiry of the period of 12 months from the date of such release.

(3) In a case such as is mentioned in paragraph (a) of subsection (2) above, the requirement and conditions specified by the Secretary of State under that subsection shall be in addition to any conditions specified in the licence mentioned in that paragraph.

(4) Without prejudice to subsection (7) below, a period of supervision required under subsection (2) above shall not extend beyond the date on which the person under supervision attains the age of 23 years.

(5) The Secretary of State may by order extend the provisions of subsection (2) above to persons in relation to whom this section applies whose detention is for less than 6 but not less than 3 months.

(6) The Secretary of State may, on giving notice to the person concerned, at any time modify or cancel a requirement, or condition, which is specified under subsection (2) above.

(7) Subject to subsections (8) and (9) below where, before the expiration of the period for which a person is required under this section to be under supervision, the Secretary of State is satisfied that the person has failed to conform to the requirement or has failed to comply with a condition for the time being specified in the notice given to him under subsection (2) above, he may (except in a case such as is mentioned in paragraph (a) of subsection (2) above) recall the person to a young offenders institution ; and thereupon the person shall be liable to be detained in that institution for a period not exceeding 3 months, and if at large shall be deemed to be unlawfully at large.

(8) A recall under subsection (7) above shall cease to have effect at the expiration of the first period mentioned in that subsection unless the person to whom it relates is then in custody thereunder.

(9) The Secretary of State may at any time release a person who is, by virtue of subsection (7) above, detained ; and the provisions of this section shall apply to that person as if, following the release mentioned in subsection (2) above, neither the recall under the said subsection (7) nor the subsequent release under this subsection had taken place, except that the period of detention between the recall and the subsequent release shall be deducted from the period for which the person would otherwise be liable to be detained were he again to be recalled.”.

3 In section 51(5) (interpretation) for the words from " section 1 " to " of age)" there shall be substituted the words " section 205, 206, 207 or 415 of the Criminal Procedure (Scotland) Act 1975 (restrictions on imprisonment of children etc.) ".