SCHEDULES
F1C1SCHEDULE 1
The Parole Board
1
The Parole Board shall include among its members—
a
a person who holds or has held judicial office;
b
a registered medical practitioner who is a psychiatrist;
c
a person appearing to the Secretary of State to have knowledge and experience of the supervision or after-care of discharged prisoners; and
d
a person appearing to the Secretary of State to have made a study of the causes of delinquency or the treatment of offenders.
2
A person appointed to be a member of the Parole Board shall hold and vacate office under the terms of the instrument by which he is appointed, but may at any time resign his office; and a person who ceases to hold office as a member of the Parole Board shall be eligible for reappointment.
3
There shall be paid to the members of the Board such remuneration and allowances as the Secretary of State may with the consent of the Treasury determine.
4
The expenses of the Board under the last foregoing paragraph and any other expenses incurred by the Board in discharging its functions under section 18 of this Act shall be defrayed by the Secretary of State out of moneys provided by Parliament.
5
The Board shall as soon as practicable after the end of each year make to the Secretary of State a report on the performance of its functions during that year, and the Secretary of State shall lay a copy of each report so made before Parliament.
Local review committees
6
The Secretary of State may out of moneys provided by Parliament pay to members of local review committees, and to persons assisting in or concerned with the carrying out of the functions of any such committee, travelling or other allowances in accordance with such scales as may be determined by him with the consent of the Treasury, and may out of such moneys defray any other expenses of such committees to such amount as may be so determined.
SCHEDULE 2 Amendment of enactments
Children and Young Persons (Scotland) Act 1937
F21
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2
In section 87(1) and (3) of that Act, after the words “Act 1975” there shall be inserted the words “and of the Prisons (Scotland) Act 1989”.
Army Act 1955
F33
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Air Force Act 1955
F44
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Criminal Justice Act 1961
7
In section 30(1)(b) of the M1Criminal Justice Act 1961, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.
Criminal Justice (Scotland) Act 1963
F68
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Criminal Justice Act 1967
9
In section 69(2) of the M2Criminal Justice Act 1967, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.
Courts-Martial (Appeals) Act 1968
10
In section 52 of the M3Courts-Martial (Appeals) Act 1968, for paragraph (e) there shall be substituted the following paragraph—
e
section 39 of the Prisons (Scotland) Act 1989; or
Criminal Procedure (Scotland) Act 1975
11
In section 205A(1) of the M4Criminal Procedure (Scotland) Act 1975, for the words “61 of the Criminal Justice Act 1967” there shall be substituted the words “26 of the Prisons (Scotland) Act 1989”.
12
For section 206(1) of that Act, there shall be substituted the following section—
206 Detention of children convicted on indictment.
Subject to section 205 of this Act, where a child is convicted and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.
F713
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F814
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F915
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16
In section 462(1) of that Act, for the words “Prisons (Scotland) Act 1952”, wherever these words occur, there shall be substituted the words “Prisons (Scotland) Act 1989”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
F1017
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Contempt of Court Act 1981
F1118
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Mental Health (Scotland) Act 1984
19
In section 74(8) of the M5Mental Health (Scotland) Act 1984, for the words “37 of the Prisons (Scotland) Act 1952” there shall be substituted the words “40 of the Prisons (Scotland) Act 1989”.
SCHEDULE 3 Repeals
Chapter | Short title | Extent of repeal |
|---|---|---|
Edw. 8 & 1 Geo. 6. c. 37. | Children and Young Persons (Scotland) Act 1937. | In section 62(b), the words “subsection (2) of”. |
15 & 16 Geo. 6 & 1 Eliz. 2. c. 61. | Prisons (Scotland) Act 1952. | The whole Act. |
9 & 10 Eliz. 2 c. 39. | Criminal Justice Act 1961. | Section 30(4). |
1963 c. 39. | Criminal Justice (Scotland) Act 1963. | Section 10. |
Section 12. | ||
Section 14. | ||
Section 50. | ||
Section 51. | ||
Section 54. | ||
In Schedule 1, paragraphs 1 to 3 and, in paragraph 14, the words “Part I of this Schedule or”. | ||
In Schedule 5, the entry relating to the Prisons (Scotland) Act 1952. | ||
1967 c. 80. | Criminal Justice Act 1967. | Sections 59 to 62. |
Section 64. | ||
Section 100(2A). | ||
Schedule 2. | ||
1972 c. 71. | Criminal Justice Act 1972. | Section 35. |
1975 c. 21. | Criminal Procedure (Scotland) Act 1975. | In section 206, subsections (2) to (7). |
Section 206A. | ||
Section 213. | ||
Section 422. | ||
In Schedule 9, paragraphs 16, 31 to 35 and 41. | ||
1977 c. 45. | Criminal Law Act 1977. | In Schedule 12, paragraph 7(4) to (6) of the entry relating to the Criminal Justice Act 1967. |
1980 c. 62. | Criminal Justice (Scotland) Act 1980. | Section 44. |
Section 45(2). | ||
Schedule 5. | ||
In Schedule 7, paragraphs 1 to 6, 14, 15 and 17 to 20. | ||
1982 c. 48. | Criminal Justice Act 1982. | Section 33(a) and (b). |
Section 57(2). | ||
In Schedule 14, paragraphs 18 to 21. | ||
1985 c. 73. | Law Reform (Miscellaneous Provisions) (Scotland) Act 1985. | Section 42. |
Section 44. | ||
Section 45. | ||
1988 c. 33. | Criminal Justice Act 1988. | In Schedule 9, paragraph 1. |
In Schedule 15, paragraph 18. |
Sch. 1 repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt.I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4)(and extended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2), 11(2), Sch. 5 paras. 11(2)(a), 12(2)(a)(c); S.I. 1997/2200, art. 2(1)(g)(n) (with art. 5))