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Criminal Justice (Scotland) Act 2003
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38Special provision in relation to childrenS
This section has no associated Explanatory Notes
(1)The 1993 Act is amended as follows.
(2)In section 7 (which among other things enables the Scottish Ministers to release on licence certain children if recommended to do so by the Parole Board, and which provides that a court order that a child released on licence be returned to detention has the effect of automatically revoking the licence)—
(a)in subsection (2), for the word “may” there is substituted “ shall ”;
(b)subsection (4A) is repealed;
(c)for subsection (5), there is substituted—
“(5)Without prejudice to section 6(1)(b)(ii) of this Act—
(a)sections 3, 11(1), 12, 12A, 12B, 17 and 20(2) of this Act apply to children detained under section 208 of the 1995 Act as they apply to long-term prisoners; and
(b)in those sections of this Act, references to prisoners, or to prison, imprisonment or sentences of imprisonment shall be construed, and sections 1A and 27 shall apply, accordingly.”; and
(d)subsection (6) is repealed.
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