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Criminal Justice (Scotland) Act 1949

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Criminal Justice (Scotland) Act 1949 [a]
Act of Parliament
Coat of arms of the United Kingdom (1901-1952).svg
Parliament of the United Kingdom
Long title An Act to amend the law of Scotland relating to the probation of offenders, and the powers of courts under the Children and Young Persons (Scotland) Act, 1937; to abolish certain punishments and obsolete sanctions, and otherwise to reform existing methods and provide new methods of dealing with offenders; to alter the law relating to the proceedings of criminal courts in Scotland; to amend the False Oaths (Scotland) Act, 1933; to regulate the management of prisons and other institutions in Scotland and the treatment of offenders and other persons committed to custody; to make certain consequential amendments to the Criminal Justice Act, 1948; and for purposes connected with the aforesaid matters.
Citation 12, 13 & 14 Geo. 6. c. 94
Territorial extent  Scotland [b]
Dates
Royal assent 16 December 1949
Commencement various [c]
Repealed1 April 1996
Other legislation
AmendsSee § Repealed enactments
Repeals/revokesSee § Repealed enactments
Repealed by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995
Relates to
Status: Repealed
Text of statute as originally enacted

The Criminal Justice (Scotland) Act 1949 (12, 13 & 14 Geo. 6. c. 94) was an act of the Parliament of the United Kingdom that amended the law relating to the probation of offenders, abolished certain punishments and obsolete sanctions, and otherwise reformed the criminal justice system in Scotland. [1]

Contents

The Criminal Justice Act 1948 (11 & 12 Geo. 6. c. 58) made equivalent provisions fro England and Wales.

Provisions

Repealed enactments

Section 79(3) of the act repealed 36 enactments, listed in the twelfth schedule to the act. [2]

CitationShort titleExtent of repeal
3 Geo. 4. c. 114 Hard Labour Act 1822 The whole act.
5 Geo. 4. c. 84 Transportation Act 1824 The whole act.
11 Geo. 4 & 1 Will. 4. c. 39 Transportation Act 1830 Section two.
4 & 5 Will. 4. c. 67 Transportation Act 1834 The whole act.
5 & 6 Vict. c. 61 South Australia Act 1842 The whole act.
6 & 7 Vict. c. 7 Transportation Act 1843 The whole act.
10 & 11 Vict. c. 67 Transportation Act 1847 Section two.
16 & 17 Vict. c. 99 Penal Servitude Act 1853 The whole act.
20 & 21 Vict. c. 3 Penal Servitude Act 1857 The whole act except sections two and six.
23 & 24 Vict. c. 105 Prisons (Scotland) Act 1860 Sections seventy-two and seventy-three.
27 & 28 Vict. c. 47 Penal Servitude Act 1864 The whole act.
34 & 35 Vict. c. 112 Prevention of Crimes Act 1871 Sections three to five and eight.
40 & 41 Vict. c. 53 Prisons (Scotland) Act 1877 Section six.
In section ten, the words "and enforcement of hard labour".
Sections fourteen, fifteen, twenty-seven.
In section twenty-eight, the words from "may from time to time" to "convicted criminal prisoners, and".
Sections twenty-nine, thirty-seven, forty-four to fifty, fifty-two, fifty-eight and sixty-four.
42 & 43 Vict. c. 55 Prevention of Crime Act 1879 The whole act.
50 & 51 Vict. c. 35 Criminal Procedure (Scotland) Act 1887 In section nineteen, the words "previous conviction or" and the words from "every such conviction" to the end of the section.
In section twenty-seven, the words "and any extract convictions that are to be produced" and the words from "and where" to the end of the section.
In section twenty-nine, the words "and extract convictions relative thereto".
In section thirty-one, the words "other than productions to prove previous convictions".
In sections sixty-three, sixty-four and sixty-five the words "Extracts of".
In section sixty-six, the words from "such conviction shall be held" to "notice is given".
In Schedule A, in the first of the examples of indictments, from "add in case" to "as the case may be".
54 & 55 Vict. c. 69 Penal Servitude Act 1891 In section one, in subsection (2) the words "with or without hard labour".
Sections two to six and ten.
7 Edw. 7. c. 17 Probation of Offenders Act 1907 The whole act.
8 Edw. 7. c. 59 Prevention of Crime Act 1908 The whole act.
8 Edw. 7. c. 65 Summary Jurisdiction (Scotland) Act 1908 In section seven, in paragraph (1) the words "with or without hard labour".
In section eleven in paragraph (4) the words "with or without hard labour".
In section twelve, the words "with or without hard labour".
In section forty-three, the words "with or without hard labour" and paragraph (2).
In section seventy-seven, in paragraph (4) the words "and forty-eight".
In Schedule B, in sections sixty-three, sixty-four and sixty-five of the Criminal Procedure (Scotland) Act 1887 as applied to summary proceedings the words "Extracts of".
In Schedule C, the words from "A statutory charge" to the end of the List of Previous Convictions.
Schedule E, so far as it relates to the probation of offenders.
9 Edw. 7. c. 2 Prisons (Scotland) Act 1909 The whole act.
3 & 4 Geo. 5. c. 38 Mental Deficiency and Lunacy (Scotland) Act 1913 Section nine, so far as it relates to persons charged with offences.
In section twenty-five, in subsection (2), the proviso.
4 & 5 Geo. 5. c. 58 Criminal Justice Administration Act 1914 Sections seven to nine, eleven and twenty-six.
In section forty-two, paragraphs (8) and (11).
15 & 16 Geo. 5. c. 81 Circuit Courts and Criminal Procedure (Scotland) Act 1925 In section three, the words from "omitting so far as necessary" to "convictions and".
16 & 17 Geo. 5. c. 15 Criminal Appeal (Scotland) Act 1926 In section nine, subsections (3) and (5).
In section sixteen, the words from "petition for" to "reference to the" and the word "to" in the second place where it occurs.
16 & 17 Geo. 5. c. 58 Penal Servitude Act 1926 The whole act.
21 & 22 Geo. 5. c. 30 Probation of Offenders (Scotland) Act 1931 The whole act.
23 & 24 Geo. 5. c. 20 False Oaths (Scotland) Act 1933 In section two, the words "with or without hard labour".
25 & 26 Geo. 5. c. 32 Criminal Lunatics (Scotland) Act 1935 In section one, subsection (1) and sections two, three and seven.
26 Geo. 5 & 1 Edw. 8. c. 16 Coinage Offences Act 1936 In section twelve, in subsection (1) the words "penal servitude or".
1 Edw. 8 & 1 Geo. 6. c. 12 Firearms Act 1937 In section twenty-one, in paragraph (b) of subsection (2) the words "is subject to the supervision of the police or".
In section twenty-five, in subsection (1) the words "to be subject to police supervision or".
1 Edw. 8 & 1 Geo. 6. c. 37 Children and Young Persons (Scotland) Act 1937 Section forty-one.
Section fifty-six.
In section fifty-seven, in subsection (2) the words "notwithstanding anything in the other provisions of this Act".
In section sixty-two, in proviso (a), the words "undergoing detention in a Borstal Institution or was".
Section sixty-four.
In section seventy, subsection (3).
In section eighty-six, in subsection (1) the words from "and that court" to the end of the subsection.
In the Second Schedule, in paragraph 8 the words from "and that court" to the end of the paragraph.
1 & 2 Geo. 6. c. 48 Criminal Procedure (Scotland) Act 1938 Section ten.
9 & 10 Geo. 6. c. 72 Education (Scotland) Act 1946 In section one hundred and forty-two, in subsection (1), the words "subsection (3) of section fifty-six and".
11 & 12 Geo. 6. c. 38 Companies Act 1948 Section four hundred and forty-three.
11 & 12 Geo. 6. c. 43 Children Act 1948 The Third Schedule, so far as it relates to section forty-three of the Children and Young Persons (Scotland) Act 1937.
11 & 12 Geo. 6. c. 58 Criminal Justice Act 1948 Section ten.
In section seventy-one, subsection (4); section eighty-one so far as it relates to sections ten and seventy-one.
Part I of the Seventh Schedule.

Subsequent developments

The whole act was repealed by section 6(1) of, and schedule 5 to, the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (1995 c. 40), which came into force on 1 April 1996. [3]

Notes

  1. ↑ Section 79(1).
  2. ↑ Section 79(1).
  3. ↑ Section 79(2).

References

  1. ↑ "Criminal Justice Act 1948 | LexisNexis". www.lexisnexis.co.uk. Retrieved 23 March 2026.
  2. ↑ "Criminal Justice (Scotland) Act 1949", legislation.gov.uk , The National Archives, Geo6/12-13-14 c. 94
  3. ↑ "Criminal Procedure (Consequential Provisions) (Scotland) Act 1995", legislation.gov.uk , The National Archives, 1995 c. 40
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