15 & 16 Geo. 6
& 1 Eliz. 2
- (b) subsections (2) and (3) of section six, section sixteen, subsection (1) of section eighteen, and sections twenty- two and thirty-six of this Act; and
- (c) subject as provided in the next following subsection, the other provisions of this Act preceding this section,
shall apply to remand centres, detention centres and Borstal institutions and to persons detained therein as they apply to prisons and prisoners.
(4) The application as aforesaid of the provisions mentioned in paragraph (c) of the preceding subsection shall be subject to the following exceptions, adaptations and modifications:—
- (a) subsection (1) of section six, subsections (2) to (6) of section eighteen, subsections (2) to (6) of section twenty-five, sections twenty-six to thirty and subsection (2) of section thirty-seven shall not so apply;
- (b) subsections (1) and (7) of section twenty-five shall not apply to remand centres or Borstal institutions;
- (c) subsection (4) of section six shall not apply to remand centres and detention centres, and shall apply to persons detained in Borstal institutions as it applies to persons sentenced to corrective training or preventive detention; but the report required by that subsection, as so applied, shall be made on the advisability of their release under supervision;
- (d) the provisions mentioned in paragraph (c) of the last preceding subsection other than those specified in paragraphs (a) to (c) hereof shall apply as aforesaid subject to such adaptations and modifications as may be made by rules of the Secretary of State.
(5) References in the preceding provisions of this Act to imprisonment shall, so far as those provisions apply to institutions provided under this section, be construed as including detention in those institutions.
Transfers from prison to Borstal institution and vice versa. 44.(1) If the Secretary of State is satisfied that a person serving a sentence of imprisonment is under twenty-one years of age and might with advantage be detained in a Borstal institution he may, after consultation where practicable with the judge or presiding chairman of the court which passed the sentence, authorise the Prison Commissioners to transfer him to a Borstal institution; and the provisions of the next following section shall thereupon apply to him as if he had on the date of the transfer been sentenced to Borstal training:
Provided that if on that date the unexpired term of his sentence is less than three years those provisions shall apply to him as if he had been sentenced to Borstal training three years before the expiration of that term.
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