PART V Children and Young Persons
C251 Remand and committal of children and young persons.
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
F4. . . if he is under 16 years of age F15F5. . . , the court shall commit him to the local authority F1which it considers appropriate to be detained—
i
where the court so requires, in secure accommodation F21(as defined in section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1)) ; and
C1ii
in any other case, in a suitable place of safety chosen by the authority;
F2aa
if the person F6has attained the age of 16 years and is subject to a F23compulsory supervision order or interim compulsory supervision order , the court may F7. . . 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 F8or may commit him either to prison or to a young offenders institution ;
F9b
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
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F132A
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F34A
The local authority which may be appropriate in relation to a power to commit a person under paragraphs (a) or (aa) of subsection (1) F19. . . 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 F22compulsory 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).
F145
Where by virtue of subsection F20(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.