Article 2 Amendment of the Criminal Justice Act 1961

(1)

In the Criminal Justice Act 1961—

(a)

in section 26—

(i)

subsection (3) is hereby repealed;

(ii)

in subsection (5)—

(a)

after the word “Kingdom” where it first occurs insert the words “other than Northern Ireland”;

(b)

in paragraph (a) of the proviso after the words “from England and Wales” insert the words “to Scotland”;

(c)

in paragraphs (a) and (b) of the proviso the words “or Northern Ireland” are hereby repealed;

(iii)

after subsection (5) insert the following subsection:—

“(5A)

Where a person sentenced to borstal training is transferred under this section to Northern Ireland, the provisions applicable to him shall be those applicable to a person ordered to be detained in a young offenders centre for a term of two years by a court in Northern Ireland on the date on which he was sentenced to borstal training.”;

(b)

in section 29(1) after the words “detention centre” and in section 30(3) after the words “borstal institution” insert the words “young offenders centre”;

(c)

in section 32(2)^f1 for paragraph (d) substitute the following paragraph:—

“(d)

section 23 of the Prison Act (Northern Ireland) 1953;”;

(d)

in section 38(5) after paragraph (b) insert the following paragraph:—

“(bb)

an order for detention in a young offenders centre made in Northern Ireland shall be treated as a sentence of imprisonment for the like term;”;

(e)

in section 39(1)—

(i)

in paragraph (a) of the definition of “appropriate institution” after the word “Kingdom” insert the words “other than Northern Ireland”;

(ii)

after paragraph (bb)^f2 of that definition insert the following paragraph:—

“(bbb)

in relation to a person sentenced when under twenty-one years of age to—

(a)

imprisonment for less than three years;

(b)

borstal training;

(c)

detention in Scotland;

who is so removed to Northern Ireland, a young offenders centre;”.

(2)

Schedule 3 to the Treatment of Offenders Act (Northern Ireland) 1968 in so far as it amends the Criminal Justice Act 1961 and the Criminal Justice Act 1967 is hereby repealed.

Annotations

Footnotes

f1: Substituted by Criminal Justice Act 1967 (c. 80) Schedule 6, para. 24.
f2: Inserted by Criminal Justice (Scotland) Act 1963 (c. 39) Schedule 5.