Criminal Procedure (Scotland) Act 1995

Changes over time for: Section 44

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Changes to legislation:

Criminal Procedure (Scotland) Act 1995, Section 44 is up to date with all changes known to be in force on or before 14 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 44:

s. 5A inserted by 2010 asp 13 Sch. 7 para. 26
s. 13(1B) (1C) inserted by 2006 asp 10 s. 82(2)
s. 13(2)(aa) inserted by 2006 asp 10 s. 82(3)(b)
s. 13(3A) inserted by 2006 asp 10 s. 82(4)
s. 13(5)(ba) inserted by 2006 asp 10 s. 82(5)(a)
s. 13(6)(a)(iii) and word inserted by 2006 asp 10 s. 82(6)(b)
s. 13(8) inserted by 2006 asp 10 s. 82(7)
s. 22(5A) inserted by 2007 asp 6 s. 7(2)(g)
s. 22A(1A) inserted by 2023 asp 4 s. 1(2)
s. 23B(1)(1A) substituted for s. 23B(1) by 2023 asp 4 s. 2(2)(a)
s. 23B(6A) inserted by 2023 asp 4 s. 1(3)(c)
s. 23B(8)-(10) inserted by 2023 asp 4 s. 2(2)(c)
s. 23C(1A) inserted by 2023 asp 4 s. 2(3)(b)
s. 23C(3) inserted by 2023 asp 4 s. 2(3)(c)
s. 24(2C) inserted by 2023 asp 4 s. 4(4)
s. 24(2AA) inserted by 2023 asp 4 s. 4(2)
s. 49(1)-(1F) substituted for s. 49(1)-(3) by 2024 asp 5 s. 17(2)(a)
s. 49(4A)-(4C) inserted by 2024 asp 5 s. 17(2)(c)
s. 50(7) inserted by 2024 asp 5 s. 16(2)
s. 70B and cross-heading inserted by 2024 asp 5 s. 16(3)
s. 73A inserted by 2004 asp 3 s. 2(3)
s. 142A inserted by 2024 asp 5 s. 16(5)
s. 167(7D) (7E) inserted by 2007 asp 17 sch. 4 para. 1(3)
s. 167(7D) words substituted by 2010 asp 13 Sch. 3 para. 16(2)
s. 167(7E) words substituted by 2010 asp 13 Sch. 3 para. 16(3)
s. 175(1)(ca) words substituted by 2024 asp 5 Sch. para. 7(4)(a)
s. 194ZA repealed by 2014 asp 18 sch. 3 para. 25
s. 200A inserted by 2016 asp 1 s. 85
s. 249(4A)-(4D) inserted by 2014 asp 1 s. 24
s. 271D(4A) inserted by 2019 asp 8 s. 6(4)
s. 271F(2)(aa) inserted by 2019 asp 8 s. 10(4)
s. 271AA inserted by 2019 asp 8 s. 6(2)
s. 271BZD inserted by 2019 asp 8 s. 3(2)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 5A inserted by 2010 asp 13 Sch. 7 para. 26
s. 13(1B) (1C) inserted by 2006 asp 10 s. 82(2)
s. 13(2)(aa) inserted by 2006 asp 10 s. 82(3)(b)
s. 13(3A) inserted by 2006 asp 10 s. 82(4)
s. 13(5)(ba) inserted by 2006 asp 10 s. 82(5)(a)
s. 13(6)(a)(iii) and word inserted by 2006 asp 10 s. 82(6)(b)
s. 13(8) inserted by 2006 asp 10 s. 82(7)
s. 22(5A) inserted by 2007 asp 6 s. 7(2)(g)
s. 22A(1A) inserted by 2023 asp 4 s. 1(2)
s. 23B(1)(1A) substituted for s. 23B(1) by 2023 asp 4 s. 2(2)(a)
s. 23B(6A) inserted by 2023 asp 4 s. 1(3)(c)
s. 23B(8)-(10) inserted by 2023 asp 4 s. 2(2)(c)
s. 23C(1A) inserted by 2023 asp 4 s. 2(3)(b)
s. 23C(3) inserted by 2023 asp 4 s. 2(3)(c)
s. 24(2C) inserted by 2023 asp 4 s. 4(4)
s. 24(2AA) inserted by 2023 asp 4 s. 4(2)
s. 49(1)-(1F) substituted for s. 49(1)-(3) by 2024 asp 5 s. 17(2)(a)
s. 49(4A)-(4C) inserted by 2024 asp 5 s. 17(2)(c)
s. 50(7) inserted by 2024 asp 5 s. 16(2)
s. 70B and cross-heading inserted by 2024 asp 5 s. 16(3)
s. 73A inserted by 2004 asp 3 s. 2(3)
s. 142A inserted by 2024 asp 5 s. 16(5)
s. 167(7D) (7E) inserted by 2007 asp 17 sch. 4 para. 1(3)
s. 167(7D) words substituted by 2010 asp 13 Sch. 3 para. 16(2)
s. 167(7E) words substituted by 2010 asp 13 Sch. 3 para. 16(3)
s. 175(1)(ca) words substituted by 2024 asp 5 Sch. para. 7(4)(a)
s. 194ZA repealed by 2014 asp 18 sch. 3 para. 25
s. 200A inserted by 2016 asp 1 s. 85
s. 249(4A)-(4D) inserted by 2014 asp 1 s. 24
s. 271D(4A) inserted by 2019 asp 8 s. 6(4)
s. 271F(2)(aa) inserted by 2019 asp 8 s. 10(4)
s. 271AA inserted by 2019 asp 8 s. 6(2)
s. 271BZD inserted by 2019 asp 8 s. 3(2)

44 Detention of children.U.K.

(1)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 he be detained in [F1a residential establishment] 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 [F2the appropriate local authority] may, from time to time, consider appropriate.

(2)This section applies to any offence [F3(other than, if the child is under the age of 16 years, an offence under section 9(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) or that section as applied by section 234AA(11) of this Act)] in respect of which it is competent to impose imprisonment on a person of the age of 21 years or more.

(3)Where a child in respect of whom an order is made under this section is detained by the appropriate local authority, that authority shall have the same powers and duties in respect of the child as they would have if he were subject to a [F4compulsory supervision order].

(4)Where a child in respect of whom an order is made under this section is also subject to a [F5compulsory supervision order or interim compulsory supervision order], subject to subsection (6) below, the [F5compulsory supervision order or interim compulsory supervision order] shall be of no effect during any period for which he is required to be detained under the order.

(5)The Secretary of State may, by regulations F6..., make such provision as he considers necessary as regards the detention in secure accommodation of children in respect of whom orders have been made under this section.

[F7(5A)Regulations under subsection (5) 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).

(5B)Regulations under subsection (5) are subject to the affirmative procedure.]

(6)Where a child is detained in [F8a residential establishment] in pursuance of an order under—

(a)subsection (1) above, he shall be released from such detention not later than the date by which half the period specified in the order has (following commencement of the detention) elapsed but, without prejudice to subsection (7) below, until the entire such period has so elapsed may be required by the local authority to submit to supervision in accordance with such conditions as they consider appropriate;

(b)subsection (1) above or (8) below, the local authority may at any time review his case and may, in consequence of such review and after having regard to the best interests of the child and the need to protect members of the public, release the child—

(i)for such period and on such conditions as the local authority consider appropriate; or

(ii)unconditionally.

(7)Where a child released under paragraph (a) or (b)(ii) of subsection (6) above is subject to a [F5compulsory supervision order or interim compulsory supervision order], the effect of that [F9order] shall commence or, as the case may be, resume upon such release.

(8)If, while released under paragraph (a) or (b) of subsection (6) above (and before the date on which the entire period mentioned in the said paragraph (a) has, following the commencement of the detention, elapsed), a child commits an offence to which this section applies and (whether before or after that date) pleads guilty to or is found guilty of it a court may, instead of or in addition to making any other order in respect of that plea or finding, order that he be returned to the residential [F10establishment from which the child was released] and that his detention in that [F11establishment] or any other such [F12establishment chosen by the appropriate local] authority shall continue for the whole or any part of the period which—

(a)begins with the date of the order for his return; and

(b)is equal in length to the period between the date on which the new offence was committed and the date on which that entire period elapses.

(9)An order under subsection (8) above for return to [F13a residential establishment chosen] by the appropriate local authority—

(a)shall be taken to be an order for detention in [F14a residential establishment] for the purpose of this Act and any appeal; and

(b)shall, as the court making that order may direct, either be for a period of detention in [F15a residential establishment] before and to be followed by, or to be concurrent with, any period of such detention to be imposed in respect of the new offence (being in either case disregarded in determining the appropriate length of the period so imposed).

(10)Where a local authority consider it appropriate that a child in respect of whom an order has been made under subsection (1) or (8) above should be detained in a place in any part of the United Kingdom outside Scotland, the order shall be a like authority as in Scotland to the person in charge of the place to restrict the child’s liberty to such an extent as that person may consider appropriate having regard to the terms of the order.

(11)In this section—

“the appropriate local authority” means—
(a)
where the child usually resides in Scotland, the local authority for the area in which he usually resides;
(b)
in any other case, the local authority for the area in which the offence was committed; and