Criminal Justice (Scotland) Act 1963

• Citation: 1963 c. 39
• Sections: 17

Section 9

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Section 12 Supervision of persons released from young offenders institutions.

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Section 14 Supervision of certain prisoners after release.

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Section 26 Transfer of fines (including transfer to English court for enforcement, and vice versa)

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(2) For the purpose of enabling transfer of fine orders to be made—

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(b) by magistrates’ courts in England and Wales in respect of persons residing in Scotland,

the section set out in Part II of Schedule 3 to this Act shall be inserted after section 72 of the Magistrates’ Courts Act 1952.

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(2) The enactments described in Schedule 6 to this Act are hereby repealed to the extent specified in the third column of that Schedule.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

Section 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:—

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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—

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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.

Section 55 Commencement.

(1) The foregoing provisions of this Act (including the Schedules therein referred to) 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.

Section 56 Short title.

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

Section 1–3

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Section 4

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Section 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 .

Section 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.

Section 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.

Section 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.

Section 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.

Section 72A Transfer of fine orders, Scotland.

(1) Where a Magistrates’ court has by a conviction adjudged a person to pay a sum and it appears to the court that the offender is residing in Scotland, the court may, unless a term of imprisonment has been fixed in the event of a future default in paying the sum in question, by order direct that payment of that sum shall be enforceable by a court of summary juridiction in Scotland, being a court within whose jurisdiction it appears as aforesaid that the offender is residing.

(2) Any order under this section shall specify the court of summary jurisdiction by which payment of the sum in question is to be enforceable, and if that sum is twenty pounds or more, the court to be so specified shall be the sheriff court.

(3) Where an order is made under this section with respect to this any sum, any functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the convicting court, or the clerk of that court, shall cease to be so exercisable.

Section 72B Transfer of fine orders from Scotland.

(1) Where a transfer of fine order within the meaning of section 44 of the Summary Jurisdiction (Scotland) Act 1954 orders that payment of a fine shall be enforceable in a specified petty sessions area in England and Wales, a magistrates’ court acting for that area, and the clerk of that court, shall, subject to the provisions of this section, have all like functions under this Part of this Act in respect of the fine (including power to make a transfer of fine order under section 72 or section 72A of this Act) as if the fine were a sum adjudged to be paid by a conviction of that court and as if any order made under the said Act of 1954 in respect of the fine before the making of the transfer of fine order had been made by that court.

(2) For the purpose of determining the period of imprisonment which may be imposed under this Act by any court having jurisdiction by virtue of such a transfer of fine order as aforesaid in default of payment of the fine to which the order relates (including any court having such jurisdiction by virtue of an order made in respect of that fine under section 72 of this Act), Schedule 3 to this Act shall have effect as if for the Table set out in paragraph 1 there were substituted the Table set out in section 49(1) of the said Act of 1954 and as if paragraph 3 of that Schedule were omitted.