Prisoners and Criminal Proceedings (Scotland) Act 1993

6 Application to young offenders and to children detained without limit of time

(1) This Part of this Act applies—

(a) to persons on whom detention in a young offenders institution (other than detention without limit of time or for life) has been imposed under section 207(2) or 415(2) of the 1975 Act as the Part applies to persons serving equivalent sentences of imprisonment; and

(b) to—

(i) persons sentenced under section 205 of that Act to be detained without limit of time or for life;

(ii) children sentenced to be detained without limit of time under section 206 of that Act; and

(iii) persons on whom detention without limit of time or for life is imposed under section 207(2) of that Act,

as the Part applies to persons sentenced to imprisonment for life,

and references in the Part (except in this section, sections 1(8) and 5(1) and paragraph 1(b) of Schedule 1) to prisoners (whether short-term, long-term or life) or to prison, imprisonment or sentences of imprisonment shall be construed accordingly.

(2) A child detained without limit of time under section 206 of the 1975 Act may, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.

(3) The Secretary of State may, after consultation with the Parole Board, by order provide that, in relation to all children detained without limit of time under section 206 of the 1975 Act or to such class of those children as may be specified in the order, this section shall have effect subject to the modification that, in subsection (2), for the word “may” there shall be substituted the word “shall”.