Criminal Procedure (Scotland) Act 1995

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Criminal Procedure (Scotland) Act 1995, Section 51 is up to date with all changes known to be in force on or before 09 November 2024. 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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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)F1. . . if he is under 16 years of age F2[F3. . . , the court shall] commit him to the local authority [F4which it considers appropriate] to be detained—

(i)where the court so requires, in secure accommodation [F5(as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1))] ; and

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

[F6(aa)if the person [F7has attained the age of 16 years and is] subject to a [F8compulsory supervision order or interim compulsory supervision order] , the court may F9. . . 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 [F10or may commit him either to prison or to a young offenders institution] ;]

[F11(b)if he is a person who has attained the age of 16 years and to whom paragraph (aa) above does not apply, then where—

(i)the court has been notified by the Scottish Ministers that a remand centre is available for the reception from that court of persons of his class or description, it shall commit him to a remand centre; or

(ii)the court has not been so notified, it may commit him either to prison or to a young offenders institution;

(bb)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Where any person is committed to a local authority F13. . . under any provision of this Act, that authority F14. . . shall be specified in the warrant, and he shall be detained by the authority F15. . . for the period for which he is committed or until he is liberated in due course of law.

[F16(2A)F17. . . Where any person is committed to a remand centre under any provision of this Act, he shall be detained in a remand centre for the period for which he is committed or until he is liberated in due course of law.]

(3)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(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) F20. . . 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 [F21compulsory supervision order or interim compulsory supervision order, the implementation authority (as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1).]

[F22(5)Where by virtue of subsection [F23(1)(aa) or (b)(ii)] of this section a person is committed either to prison or to a young offenders institution, the warrant issued by the court is warrant also, without further application to the court in that regard, for committal to whichever of the two the court does not specify.]]

Textual Amendments

F1Words in s. 51(1)(a) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 23(3)(a)(i), 89; S.S.I. 2003/288, art. 2, Sch.

F2Words in s. 51(1)(a) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 64(2)(a)(i), 206(1); S.S.I. 2010/413, art. 2, Sch.

F3Words in s. 51(1)(a) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(a)(ii)}, 89; S.S.I. 2003/288, art. 2, Sch.

F4Words 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)

F5Words in s. 51(1)(a)(i) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 10(6)(a)

F6S. 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)

F7Words in s. 51(1)(aa) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(b)(i)}, 89; S.S.I. 2003/288, art. 2, Sch.

F8Words in s. 51(1)(aa) substituted (24.6.2013) by The Childrens Hearings (Scotland) Act 2011 (Modification of Primary Legislation) Order 2013 (S.S.I. 2013/211), art. 1, sch. 1 para. 10(6)(b)

F9Words in s. 51(1)(aa) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(b)(ii)}, 89; S.S.I. 2003/288, art. 2, Sch.

F10Words in s. 51(1)(aa) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(b)(iii)}, 89; S.S.I. 2003/288, art. 2, Sch.

F11S. 51(1)(b)(bb) substituted for (b) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(3)(c)}, 89; S.S.I. 2003/288, art. 2, Sch.