§ Mr. McQuarrieasked the Secretary of State for Scotland when section 45 of and schedule 5 to the Criminal Justice (Scotland) Act 1980 are to be brought into effect.
§ Mr. YoungerI propose to make a fifth and final commencement order bringing section 45 of and schedule 5 to the 1980 Act and the paragraphs of schedules 7 and 8 consequential to these provisions into effect on 15 November 1983.
Section 45 of the 1980 Act introduces new arrangements for those from age 16 to 21 who are sentenced to detention by the courts. From 15 November, those sentenced to a period of detention will serve that detention in a young offenders institution unless the period is from 28 days to four months, when it will be served in the tougher regime of a detention centre. The semi-determinate sentence of borstal training and the fixed sentence of three months in a detention centre will no longer be available to the courts.
Schedule 5 to the 1980 Act introduces new arrangements for the post-release supervision of young offenders. From 15 November, those sentenced to detention for a period of from six months to less than 18 months will be under supervision, following release, for six months and those sentenced to longer periods of detention will be under supervision for at least 12 months and, in certain circumstances, for longer periods. Post-release supervision will not, however, extend beyond the age of 23 years.