Paragraph 14
England and Wales
Where—
a person has been released from prison, a Borstal institution or a detention centre before the commencement of sections 1 to 15 above; and
he is subject to supervision or to a licence, by virtue of any of the enactments specified in sub-paragrah (2) below; and
the Secretary of State has recalled him by virtue of any of the enactments specified in sub-paragraph (3) below but he is not yet in custody in consequence of his recall at the commencement of sections 1 to 15 above.
he shall be detained—
in a prison or a youth custody centre as the Secretary of State may direct, if he was recalled to prison;
in a youth custody centre, if he was recalled to a borstal institution; and
in a detention centre, if he was recalled to such a centre.
for a period of 30 days or for the maximum period for which he was liable to be recalled, whichever is the shorter.
The enactments referred to in sub-paragraph (1)(b) above are—
section 45(1) of the M1Prison Act 1952 (supervision of a person released from a Borstal institution);
paragraph 1 of Schedule 1 to the M2Criminal Justice Act 1961 (supervision of a person released from a detention centre);
section 60(3)(b) of the M3Criminal Justice Act 1967 (release on licence of a person serving a sentence of imprisonment for a term of 18 months or more who was under the age of 21 when the sentence was passed); and
section 63 of that Act (supervision of a person serving a sentence of imprisonment for a term of less than 18 months who was under the age of 21 when the sentence was passed).
The enactments referred to in sub-paragraph (1)(c) above are—
section 45(4) of the Prison Act 1952 (recall of persons supervised under that section);
paragraph 2 of Schedule 1 to the Criminal Justice Act 1961 (recall of persons released under that Schedule and under section 63 of the Criminal Justice Act 1967); and
section 62(1) of the Criminal Justice Act 1967 (recall of persons released under section 60 or 61 of that Act).
Detention under sub-paragraph (1) above does not prejudice the continuation of the supervision period to which a person is subject by virtue of paragraph 11, 12 or 13 above.
Annotations
Marginal citations
- M1
- M2
- M3