Children (Care and Justice) (Scotland) Act 2024 (asp 5)

Prospective

Part 2 S Criminal justice and procedure

Remand, committal and detention of children S

18 Remand and committal of children before trial or sentence S

(1) The 1995 Act is amended as follows.

(2) In section 51 (remand and committal of children and young persons)—

(a) in subsection (1)—

(i) in paragraph (a), for “16” substitute “18”,

(ii) paragraph (aa) is repealed,

(b) in paragraph (b), for “16” to the end substitute “18 years, the court may commit the person to a young offenders institution,”,

(c) in subsection (4A), for “paragraphs (a) or (aa)” substitute “paragraph (a)”,

(d) subsection (5) is repealed,

(e) after that subsection insert—

“(6) The Scottish Ministers may by regulations make provision about the detention in secure accommodation of children who have been committed to a local authority under subsection (1)(a).

(7) Regulations under subsection (6) may, in particular, make provision about the circumstances in which such children may remain in secure accommodation despite attaining the age of 18 years (provided that no person may remain in such accommodation after attaining the age of 19 years).

(8) Regulations under subsection (6) are subject to the affirmative procedure.”.

Commencement Information

I1 S. 18 not in force at Royal Assent, see s. 38(3)