Custody of convicted children and young people: practice guidance

Legal Framework

7. Section 208 of the Criminal Procedure (Scotland) 1995 Act provides - when children are convicted on indictment and where the court considers that no other method of dealing with them is appropriate - that the court may sentence them to detention, for a period which it must specify in the sentence, in such place and under such conditions as the Scottish Ministers may direct. For the purposes of section 208, "child" has the same meaning as in the Children's Hearings (Scotland) Act 2011 and includes children under 16 or those aged 16 and 17 who are subject to a Compulsory Supervision Order.

8. Section 205(2) of the Criminal Procedure (Scotland) 1995 Act provides that persons under the age of 18 convicted of murder shall be detained, without limit of time, in such place and under such conditions as the Scottish Ministers may direct.

9. Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (as amended) contains the statutory provisions governing the release on licence, recall and supervision of offenders.