Criminal Justice and Public Order Act 1994

130 Detention and release of children: Scotland. S

(1) In section 7 of the M1 Prisoners and Criminal Proceedings (Scotland) Act 1993 (children detained in solemn proceedings), after subsection (1) there shall be inserted—

“(1A) The Secretary of State may by order provide—

(a) that the reference to—

(i) four years, in paragraph (a) of subsection (1) above; or

(ii) four or more years, in paragraph (b) of that subsection,

shall be construed as a reference to such other period as may be specified in the order;

(b) that the reference to—

(i) half, in the said paragraph (a); or

(ii) two thirds, in the said paragraph (b),

shall be construed as a reference to such other proportion of the period specified in the sentence as may be specified in the order.

(1B) An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.”.

(2) In section 45(3) of that Act (procedure in respect of certain orders), for the words “7(6)” there shall be substituted “ 7(1A) or (6) ”.

(3) In Schedule 6 to that Act (transitional provisions and savings)—

(a) in paragraph 8, after the word “revoked” there shall be inserted “ by virtue of paragraph 10 of this Schedule ”; and

(b) after paragraph 9 there shall be added—

Section 17 of this Act shall apply in respect of a release on licence under paragraph 4 of this Schedule as that section applies in respect of the release on licence, under Part I of this Act, of a long-term prisoner.”.

(4) In section 39(7) of the M2 Prisons (Scotland) Act 1989 (award of additional days), at the end there shall be added— “ ; and the foregoing provisions of this subsection (except paragraph (b)) shall apply in respect of a person sentenced to be detained under section 206 of the 1975 Act, the detention not being without limit of time, as those provisions apply in respect of any such short-term or long-term prisoner. ”.

Marginal Citations

M1 1993 c. 9.

M2 1989 c. 45.