The Children (Care and Justice) (Scotland) Act 2024 (Commencement No. 1 and Transitional Provision) Regulations 2024

Transitional provision

3.—(1) Subject to paragraph (2), a child who, before the appointed day, is committed to or detained in a prison or young offenders institution—

(a) under section 51(1)(aa) or (b)(ii) of the 1995 Act (remand and committal of children and young persons)(1), is to be treated for all purposes, on and after the appointed day, as though the child had been committed to the appropriate local authority to be detained in terms of section 51(1)(a)(i) or (ii) of the 1995 Act,

(b) under section 207(2) of the 1995 Act (detention of young offenders)(2)—

(i) on summary conviction, is to be detained, on and after the appointed day, in a residential establishment in such place as the appropriate local authority may, from time to time, consider appropriate,

(ii) on conviction on indictment, is to be treated for all purposes, on and after the appointed day, as though the child had been convicted and detained in terms of section 208 of the 1995 Act (detention of children convicted on indictment)(3).

(2) A child to whom paragraph (1) applies can continue to be detained in a prison or young offenders institution provided—

(a) that steps are being taken for the child to be committed or detained in accordance with paragraph (1), and

(b) that they are so committed or detained before 31 August 2024.

(3) Paragraph (1) takes effect despite the provision of any document (including any warrant, interlocutor or extract), which makes reference (in whatever terms) to detention in a prison or young offenders institution.

(1)

Sections 51(1)(aa) and (b) are respectively repealed and amended by the Children (Care and Justice) (Scotland) Act 2024 (“the Act”), section 18(2)(a)(ii) and (b).

(2)

Section 207(2) is amended by section 19(4) of the Act.

(3)

Section 208 is amended by section 19(5) of the Act, and see also new section 208A of the Criminal (Procedure)(Scotland Act 1995 as inserted by section 19(6) of the Act.