Custody of convicted children and young people: practice guidance

Annex A - Responsibility for Children Sentenced and Remanded Under the Criminal Procedure (Scotland) Act 1995

This Annex outlines where responsibilities lie in terms of placement, payment and transport arrangements.^[3]

Section 44 - Detention of children

Where a child appears before the sheriff in summary proceedings and pleads guilty to, or is found guilty of, an offence to which this section applies, the sheriff may order that they be detained in residential accommodation provided under Part II of the Children (Scotland) Act 1995 by the appropriate local authority for such period not exceeding one year as may be specified in the order in such place (in any part of the United Kingdom) as the local authority may, from time to time, consider appropriate.*

Responsibility – Local Authority
Payment – Local Authority
Transport – Local Authority

Section 51 – Remand and committal of children and young persons

Where a court remands or commits for trial or for sentence a person under 21 years of age who is charged with or convicted of an offence and is not released on bail or ordained to appear, then, except as otherwise expressly provided by this section, the following provisions shall have effect—

(a) if he is under 16 years of age the court shall commit him to the local authority which it considers appropriate to be detained—

(i) where the court so requires, in secure accommodation within the meaning of Part II of the Children (Scotland) Act 1995; and
(ii) in any other case, in a suitable place of safety chosen by the authority;*

Responsibility – Local Authority
Payment – Local Authority
Transport – Local Authority

Remand cases should be notified to the Scottish Government's Children and Young Person's Placement Manager to help identify possible sentenced cases. In these instances, contact 0131 244 0996.

If the person is subsequently sentenced under 205(2) or 208 of the Act responsibilities and costs transfer to the Scottish Government from the date of sentencing.

Section 205(2) – Punishment for murder

Where a person convicted of murder is under the age of 18 years he shall not be sentenced to imprisonment for life but to be detained without limit of time and shall be liable to be detained in such place, and under such conditions, as the Secretary of State may direct.*

Responsibility – Scottish Government – at point of sentence. Prior notice required
Payment – Scottish Government
Transport – Scottish Government (G4S)

Section 208 - Detention of children convicted on indictment

Where a child is convicted on indictment and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.

Responsibility – Scottish Government
Payment – Scottish Government
Transport – Scottish Government (G4S)

Section 216 – Restriction on imprisonment for fine default

Where a child would, if he were an adult, be liable to be imprisoned in default of payment of any fine the court may, if it considers that none of the other methods by which the case may legally be dealt with is suitable, order that the child be detained for such period, not exceeding one month, as may be specified in the order in a place chosen by the local authority in whose area the court is situated.

Responsibility – Local Authority
Payment – Local Authority
Transport – Local Authority