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Criminal Justice (Scotland) Act 1963

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Change 1

What to do with it
As published

SCHEDULE 1 Supervision of certain Discharged Prisoners

Section 14. Part I Supervision within Scotland 1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return to prison in case of breach of supervision 4—10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Application to England and Wales, Northern Ireland, Channel Islands and the Isle of Man England and Wales and Northern Ireland 11 In relation to proceedings in England and Wales or in Northern Ireland, sections 214(1) to (6) and 423(1) to (6) of the Criminal Procedure (Scotland) Act 1975 shall not apply, but paragraphs 5 to 10 of Schedule 3 to the Criminal Justice Act 1961 shall apply as they apply in relation to proceedings in England and Wales and Northern Ireland respectively in respect of a person under supervision under that Schedule, subject to the modification that in paragraph 5 of the said Schedule 3 for sub-paragraphs (a) and (b) there shall be substituted paragraphs (a) and (b) of section 214(2) or 423(2) of the said Act of 1975. 12 Where an order is made by any court in England and Wales or Northern Ireland under the enactments applied by the last foregoing paragraph sending back to prison a person under supervision, the court shall commit him to a prison in England and Wales or in Northern Ireland, as the case may be; but the responsible Minister within the meaning of section 26 of the Criminal Justice Act 1961 may, without application in that behalf, make at any time an order under that section transferring him to a prison in Scotland. 13 In relation to a person detained by virtue of such an order as aforesaid in a prison in Northern Ireland, section 214(7) or 423(7) of the Criminal Procedure (Scotland) Act 1975 . . . shall have effect as if for references to the Secretary of State there were substituted references to the Department of Home Affairs for Northern Ireland. Channel Islands and Isle of Man 14 Her Majesty may, by Order in Council, make such provision as appears to Her to be proper for the purposes of or in connection with the application of . . . section 214 or 423 of the Criminal Procedure (Scotland) Act 1975 to any of the Channel Islands or to the Isle of Man. General 15 The enactments authorising warrants of arrest for criminal offences issued in any country to which this Schedule extends to be executed in any other such country shall apply to any warrant issued for the purposes of proceedings under section 214 or 423 of the Criminal Procedure (Scotland) Act 1975 as they apply to such warrants as aforesaid.

Your change, as a redline

SCHEDULE 1 Supervision of certain Discharged Prisoners

Section 14. Part I Supervision within Scotland 1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Return to prison in case of breach of supervision 4—10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Application to England and Wales, Northern Ireland, Channel Islands and the Isle of Man England and Wales and Northern Ireland 11 In relation to proceedings in England and Wales or in Northern Ireland, sections 214(1) to (6) and 423(1) to (6) of the Criminal Procedure (Scotland) Act 1975 shall not apply, but paragraphs 5 to 10 of Schedule 3 to the Criminal Justice Act 1961 shall apply as they apply in relation to proceedings in England and Wales and Northern Ireland respectively in respect of a person under supervision under that Schedule, subject to the modification that in paragraph 5 of the said Schedule 3 for sub-paragraphs (a) and (b) there shall be substituted paragraphs (a) and (b) of section 214(2) or 423(2) of the said Act of 1975. 12 Where an order is made by any court in England and Wales or Northern Ireland under the enactments applied by the last foregoing paragraph sending back to prison a person under supervision, the court shall commit him to a prison in England and Wales or in Northern Ireland, as the case may be; but the responsible Minister within the meaning of section 26 of the Criminal Justice Act 1961 may, without application in that behalf, make at any time an order under that section transferring him to a prison in Scotland. 13 In relation to a person detained by virtue of such an order as aforesaid in a prison in Northern Ireland, section 214(7) or 423(7) of the Criminal Procedure (Scotland) Act 1975 . . . shall have effect as if for references to the Secretary of State there were substituted references to the Department of Home Affairs for Northern Ireland. Channel Islands and Isle of Man 14 Her Majesty may, by Order in Council, make such provision as appears to Her to be proper for the purposes of or in connection with the application of . . . section 214 or 423 of the Criminal Procedure (Scotland) Act 1975 to any of the Channel Islands or to the Isle of Man. General 15 The enactments authorising warrants of arrest for criminal offences issued in any country to which this Schedule extends to be executed in any other such country shall apply to any warrant issued for the purposes of proceedings under section 214 or 423 of the Criminal Procedure (Scotland) Act 1975 as they apply to such warrants as aforesaid.

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