Criminal Justice (Scotland) Act 1963

PART VI Supplemental

49 Provision for additional judges

The number of judges of the Court of Session who may be appointed shall be increased to seventeen, and accordingly section 1(1) of the Administration of Justice (Scotland) Act 1948 shall have effect as if for the word " sixteen " there were substituted the word " seventeen ".

50 General provisions as to orders

(1) Any power of the Secretary of State to make orders under this Act (other than orders made under section 11, section 12(1) or (3) or section 22) shall be exercisable by statutory instrument.

(2) A statutory instrument containing an order under section 12(2) or section 14 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

51 Interpretation

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say :—

• " fine " includes an instalment of a fine;

• " impose detention " or " impose imprisonment " means pass a sentence of detention or imprisonment, as the case may be, or make an order for committal in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone;

• " prison " does not include a naval, military or air force prison.

(2) References in this Act to a court do not include references to a court-martial; and nothing in this Act shall be construed as affecting the punishment which may be awarded by a court-martial under the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955 for a civil offence within the meaning of those Acts.

(3) For the purposes of any reference in this Act to a term of imprisonment or to a term of detention in a young offenders institution, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(4) Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.

(5) References in this Act to an offence punishable with imprisonment shall be construed in relation to any offender without regard to any prohibition or restriction imposed by section 1 of this Act and by section 18 (1) of the Criminal Justice (Scotland) Act 1949 (which subsection prohibits the imprisonment of persons under seventeen years of age) upon the imprisonment of offenders of his age.

(6) Any reference in this Act to any other enactment is a reference thereto as amended, and includes a reference thereto as extended or applied, by or under any other enactment, including this Act.

52 Minor and consequential amendments and repeals

(1) The enactments described in Schedule 5 to this Act shall have effect subject to the amendments specified therein, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2) The enactments described in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) The amendment or repeal by this Act of any enactment described in the said Schedule 5 or Schedule 6 (except the amendment to section 33(4) of the Prisons (Scotland) Act 1952 relating to young offenders institutions) shall not extend to that enactment in so far as it applies to any person—

(a) by virtue of his having been sentenced to borstal training before the commencement of section 4 of this Act; or

(b) by virtue of his having been released from an approved school before, and not having again been so released after, the commencement of section 18 of this Act.

53 Extension to England, Northern Ireland, the Isle of Man and the Channel Islands

(1) The following provisions of this Act shall extend to England and Wales, that is to say:—

• section 26;

• sections 39 and 40 ;

• section 52;

• Schedules 3, 5 and 6, so far as they relate to enactments which extend to England and Wales.

(2) The following provisions of this Act shall extend to Northern Ireland and the Channel Islands, that is to say—

• section 52;

• Schedule 5, so far as it relates to enactments which extend to Northern Ireland and the Channel Islands.

(3) The following provisions of this Act shall extend to the Isle of Man, that is to say—

• section 38;

• section 52;

• Schedule 5, so far as it relates to enactments which extend to the Isle of Man.

(4) Save as aforesaid, and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall extend only to Scotland.

54 Financial provisions

(1) There shall be paid out of moneys provided by Parliament any increase attributable to the provisions of this Act in the sums which, under any other enactment, are payable out of moneys so provided.

(2) There shall be defrayed out of the Consolidated Fund of the United Kingdom and out of moneys provided by Parliament respectively any increase attributable to section 49 of this Act in the sums required to be so defrayed.

55 Commencement

(1) The foregoing provisions of this Act (including the Schedules therein referred (a) shall come into operation on such date as the Secretary of State may by order appoint.

(2) Different dates may be appointed by order under this section for different purposes of this Act; and any reference in this Act to the commencement of any provision of this Act shall be construed as a reference to the date appointed for the purposes of that provision.

56 Short title

This Act may be cited as the Criminal Justice (Scotland) Act 1963.