Prisons (Scotland) Act 1989

Detention and transfer of young offenders S

19 Remand centres and young offenders institutions. S

(1) The Secretary of State may provide—

(a) remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence; and

(b) young offenders institutions, that is to say, places in which offenders sentenced to detention in a young offenders institution may be kept[F1 and in which certain such persons as are mentioned in paragraph (a) above may be kept ].

(2) The Secretary of State shall provide in remand centres facilities for the observation and examination of any person detained therein on whose physical or mental condition a medical report may be desirable for the assistance of the court in determining the most suitable method of dealing with his case.

(3) The Secretary of State shall appoint for every remand centre and young offenders institution a visiting committee of which not less than two members shall be justices of the peace and not less than such number of members as may be prescribed by [F2 rules under section 39 of this Act] shall be women.

(4) The following provisions, that is to say—

(a) sections [F3 3A,] 8(2) and (3), 11(2) and (3), 12 and 38 of this Act, and

(b) subject as hereinafter provided, sections [F4 1 to 3, 4 to 7], 9, 10, 11(1), (4) and (5), 13 to 17, F5 . . . [F6 33A] to 37 [F7 41, 41A [F8 ,41B, 41C]][F9 and 41D] of this Act,

shall apply to remand centres and young offenders institutions, to persons detained therein and to visiting committees appointed therefor under subsection (3) above in like manner as the said provisions apply to prisons, prisoners and visiting committees appointed for prisons under section 8(1) of this Act:

Provided that—

(i) section 11(4) and (5) of this Act shall not apply to young offenders institutions;

F10 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the provisions specified in paragraph (b) of this subsection, other than those mentioned in [F11 paragraph (i)] of this proviso, shall apply as aforesaid subject to such adaptations and modifications as may be made by rules [F11 under section 39 of this Act].

Textual Amendments

F1 Words in s. 19(1)(b) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 23(1), 89(2); S.S.I. 2003/288, art. 2, Sch.

F2 Words in s. 19(3) substituted (18.8.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 6(4)(a) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(2), Sch. 1.

F3 Words in s. 19(4)(a) inserted (1.1.1998 with application as mentioned in s. 33(1)-(8) of the amending Act) by 1997 c. 48, s. 43(3)(a); S.I. 1997/2323, art. 4, Sch. 2

F4 Words in s. 19(4)(b) substituted (1.1.1998 with application as mentioned in s. 33(1)-(8) of the amending Act) by 1997 c. 48, s. 43(3)(b); S.I. 1997/2323, art. 4, Sch. 2

F5 Word in s. 19(4)(b) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F6 Word in s. 19(4)(b) substituted (3.2.1995) by 1994 c. 33, s. 116(1); S.I. 1995/127, art. 2(1), Sch. 1

F7 Words in s. 19(4)(b) substituted (9.1.1995 for certain purposes otherwise 3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 64; S.I. 1994/3192, art. 2, Sch.; S.I. 1995/127, art. 2(1), Sch. 1

F8 Words in s. 19(4)(b) substituted (1.1.1998 with application as mentioned in s. 33(1)-(8) of the amending Act) by 1997 c. 48, s. 62(1), Sch. 1 para. 13(2)(a); S.I. 1997/2323, art. 4, Sch. 2

F9 Words in s. 19(4)(b) inserted (1.1.1998 with application as mentioned in s. 33(1)-(8) of the amending Act) by 1997 c. 48, s. 62(1), Sch. 1 para. 13(2)(b); S.I. 1997/2323, art. 4, Sch. 2

F10 S. 19(4) sub-para. (ii) of the proviso repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F11 Words in s. 19(4) sub-para. (iii) of the proviso substituted (18.8.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 6(4)(b)(i)(ii) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(2), Sch. 1.

Modifications etc. (not altering text)

C1 S. 19(4) amended (1.10.1997) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2), 11(2), Sch. 5 paras. 11(2)(a), 12(2)(a)(c); S.I. 1997/2200, art. 2(1)(g)(n) (with art. 5)

S. 19(4) modified (30.6.1999) by S.I. 1999/1748, art. 4(2), Sch. 3 paras. 5-8

Ss. 18, 19(4), 22, 24, 26, 28, 29, 30, 32, 39, 43, Sch. 1: certain functions made exercisable in Scotland (30.6.1999) by S.I. 1999/1748, art. 4(2), Sch. 3 Pts. II, III paras. 5-9

20 Temporary detention of persons liable to detention in young offenders institution or remand centre. S

A person who is required to be taken to a young offenders institution or remand centre may, until arrangements can be made for taking him there, be temporarily detained elsewhere.

[F12 20A Transfer of young offenders to prison or remand centre. S

(1) Subject to section 21 of this Act, an offender sentenced to detention in a young offenders institution shall be detained in such an institution unless a direction under subsection (2) below is in force in relation to him.

(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offenders institution shall be detained in a prison or remand centre instead of in a young offenders institution, but if the offender is under 18 years of age at the time of the direction, only for a temporary purpose.

(3) Where an offender is detained in a prison or remand centre by virtue of subsection (2) above, any rules under section 39 of this Act which apply in relation to persons detained in that place shall apply to that offender; but subject to the foregoing and to subsection (4) below, the provisions of the [F12 1975 Act], the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of persons sentenced to detention in a young offenders institution shall continue to apply to the offender.

(4) Where an offender referred to in subsection (3) above attains the age of 21 years, subsection (3) of section 21 of this Act shall apply to him as if he had been transferred to prison under that section.]

Textual Amendments

F12 S. 20A inserted (1.10.1993) by 1993 c. 9, s.23 (with ss. 5(1), 6(1), 10, 27 and 47(2), Sch. 6 paras. 1, 2, 6 and 7); S.I. 1993/2050, art. 3(4).

By 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2) it is provided (1.4.1996) that for the words “1975 Act” where they occur in 1993 c. 9 there shall be substituted “1995 Act”;

21 Transfer to prison of persons over 21, and maximum age for detention in young offenders institution. S

(1) Subject to the provisions of this section [F13 but without prejudice to section 20A(2) of this Act], where a person serving a sentence of detention in a young offenders institution has attained the age of 21 years, the Secretary of State shall have power to transfer him to prison.

(2) No person shall be detained in a young offenders institution after he has attained the age of 23 years, and accordingly any person so detained shall, not later than the day immediately preceding his twenty-third birthday, be transferred to prison.

(3) Where a person has been transferred to prison under this section, he shall be treated for the purpose of his serving the unexpired part of his sentence and of his supervision on release as if the sentence of detention passed upon him were a sentence of imprisonment for a like term, and the provisions of [F14 the 1995 Act] , [F15 the Prisoners and Criminal Proceedings (Scotland) Act 1993] and this Act relating to the treatment and supervision of prisoners shall apply to him accordingly:

F16 . . .

Textual Amendments

F13 Words in s. 21(1) inserted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 6(5)(a) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F14 Words in s. 21(3) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 75(3)

F15 Words in s. 21(3) inserted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 6(5)(b) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).

F16 Proviso in s. 21(3) repealed (1.10.1993) by 1993 c. 9, s. 47(3), Sch. 7 Pt. I (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, art. 3(4).