Criminal Procedure (Scotland) Act 1995

51 Remand and committal of children and young persons. S

(1) Where a court remands or commits for trial or for sentence a person under 21 years of age who is charged with or convicted of an offence and is not released on bail or ordained to appear, then, except as otherwise expressly provided by this section, the following provisions shall have effect—

(a) subject to paragraph (b) below, if he is under 16 years of age the court shall, instead of committing him to prison, commit him to the local authority [F1 which it considers appropriate] to be detained—

(i) where the court so requires, in secure accommodation within the meaning of Part II of the M1 Children (Scotland) Act 1995; and

(ii) in any other case, in a suitable place of safety chosen by the authority;

[F2 (aa) if the person is over 16 years of age and subject to a supervision requirement, the court may, instead of committing him to prison, commit him to the local authority which it considers appropriate to be detained as mentioned in sub-paragraphs (i) or (ii) of paragraph (a) above;]

(b) if he is a person of over 16 years of age [F3 to whom paragraph (aa) above does not apply], or a child under 16 years of age but over 14 years of age who is certified by the court to be unruly or depraved, and the court has been notified by the Secretary of State that a remand centre is available for the reception from that court of persons of his class or description, he shall be committed to a remand centre instead of being committed to prison.

(2) Where any person is committed to a local authority or to a remand centre under any provision of this Act, that authority or centre shall be specified in the warrant, and he shall be detained by the authority or in the centre for the period for which he is committed or until he is liberated in due course of law.

(3) Where any person has been committed to a local authority under any provision of this Act, the court by which he was committed, if the person so committed is not less than 14 years of age and it appears to the court that he is unruly or depraved, may revoke the committal and commit the said person—

(a) if the court has been notified that a remand centre is available for the reception from that court of persons of his class or description, to a remand centre; and

(b) if the court has not been so notified, to a prison.

(4) Where in the case of a person under 16 years of age who has been committed to prison or to a remand centre under this section, the sheriff is satisfied that his detention in prison or a remand centre is no longer necessary, he may revoke the committal and commit the person to the local authority [F4 which he considers appropriate] to be detained—

(a) where the court so requires, in secure accommodation within the meaning of Part II of the M2 Children (Scotland) Act 1995; and

(b) in any other case, in a suitable place of safety chosen by the authority.

[F5 (4A) The local authority which may be appropriate in relation to a power to commit a person under paragraphs (a) or (aa) of subsection (1) or subsection (4) above may, without prejudice to the generality of those powers, be—

(a) the local authority for the area in which the court is situated;

(b) if the person is usually resident in Scotland, the local authority for the area in which he is usually resident;

(c) if the person is subject to a supervision requirement, the relevant local authority within the meaning of Part II of the M3 Children (Scotland) Act 1995 in relation to that requirement.]

Textual Amendments

F1 Words in s. 51(1)(a) substituted (1.8.1997) by 1997 c. 48, s. 56(2)(a); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F2 S. 51(1)(aa) inserted (1.8.1997) by 1997 c. 48, s. 56(2)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F3 Words in s. 51(1)(b) inserted (1.8.1997) by 1997 c. 48, s. 56(2)(c); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F4 Words in s. 51(4) substituted (1.8.1997) by 1997 c. 48, s. 56(3); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F5 S. 51(4A) inserted (1.8.1997) by 1997 c. 48, s. 56(4); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

Modifications etc. (not altering text)

C1 S. 51(1)(a)(ii) modified (1.4.1997) by S.I. 1996/3255, reg. 14(1)(a)

S. 51(4)(b) modified (1.4.1997) by S.I. 1996/3255, reg. 14(1)(a)

Marginal Citations

M1 1995 c.36.

M2 1995 c.36.

M3 1995 c.36.