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Part III.
General.
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Application to Scotland.
40 & 41 Vict c. 53.
50 & 51 Vict. c. 35.
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17.—(1) Part I. of this Act shall apply to Scotland (with the substitution of an institution under any name prescribed by the Secretary for Scotland for a Borstal Institution) on and after such date as may be determined by the Secretary for Scotland by order issued under his hand and seal and published in the Edinburgh Gazette, which order shall indicate the date on and after which such an institution will be established in Scotland.
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(2) In the application to Scotland of the provisions of this Act, other than those relating to the removal of persons from one part of the United Kingdom to another, “Secretary for Scotland” shall be substituted for “Secretary of State,” “Prison Commissioners for Scotland” for “Prison Commissioners” and “Directors of Convict Prisons,” “the Prisons (Scotland) Acts, 1860 to 1904” for “the Prisons Acts, 1865 to 1898,” “the Prisons (Scotland) Act, 1877,” for “the Prison Act, 1898,” and “the sheriff” for “a court of summary jurisdiction,” and the expression “crime,” used in reference to previous convictions, means a crime of which a person has been convicted on indictment.
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(3) Subsection (4) of section ten shall not apply to Scotland, and in lieu thereof the following subsection shall be substituted:—
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“In the proceedings under an indictment in pursuance of this section, where at the first diet the accused has pleaded not guilty, at the second diet, unless the accused then pleads guilty, the jury shall in the first instance be sworn, and the accused shall then be tried on so much only of the indictment as charges the said crime, and, if he is found guilty, the same jury shall, unless the accused admits that he is a habitual criminal, be re-sworn to inquire whether he is a habitual criminal. Where at the first diet the accused pleads guilty of the crime, but denies that he is a habitual criminal, the plea shall be recorded, and at the second diet, unless the accused admits that he is a habitual criminal, the jury shall be sworn to inquire whether he is a habitual criminal”:
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Provided that where a person is indicted under this section the provisions of section thirty-one of the Criminal Procedure (Scotland) Act, 1887, shall not apply unless the accused intimates his intention to plead guilty of the crime in terms of that section and to admit that he is a habitual criminal, and where the accused intimates his intention as aforesaid the sheriff shall remit him to the High Court of Justiciary for sentence.
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(4) Subsection (6) of section ten shall not apply to Scotland.
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(5) Section eleven shall not apply to Scotland and in lieu thereof the following provision shall be substituted:—
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“A person sentenced in Scotland to preventive detention may appeal against the sentence to a Court of Appeal which shall consist of not less than three judges of the High Court of Justiciary, and the High Court shall have power from time to time to pass Acts of Adjournal regulating the procedure in such appeals. Every such Act of Adjournal shall, as soon as may be, be laid before both Houses of Parliament.”
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