Criminal Procedure (Scotland) Act 1995

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Procedure (Scotland) Act 1995. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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.

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

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Blanket amendment text amended by S.I. 2011/1043 art. 3 4

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

s. 75C inserted by S.S.I. 2011/430 s. 2(2)
s. 137ZB inserted by S.S.I. 2011/430 s. 2(4)
s. 176A inserted by 2011 asp 16 Sch. para. 13
s. 227ZO inserted by S.I. 2011/2298 Sch. para. 5
Sch. 13 inserted by S.I. 2011/2298 Sch. para. 6

Commencement Orders yet to be applied to the Criminal Procedure (Scotland) Act 1995:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2009/1632 reg. 22 amendment to earlier commencing SI 2007/2194 Sch. 3 para. 23A (as inserted by SI 2007/3495 Sch. 5 para. 2(5))
S.I. 2011/1418 art. 2 commences (2010 c. 23)
S.I. 2011/2329 art. 2 3 commences (2011 c. 5)
S.S.I. 2011/31 art. 5 amendment to earlier commencing SSI 2008/115 and SSI 2009/67 and SSI 2009/369
S.S.I. 2011/157 art. 2 commences (2007 asp 14)
S.S.I. 2011/178 art. 2 commences (2010 asp 13)
S.S.I. 2011/188 art. 2 commences (2007 asp 6)
S.S.I. 2011/365 art. 3 commences (2011 asp 16)

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 [F2F3..., 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 within the meaning of Part II of the M1Children (Scotland) Act 1995; and

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

[F5(aa)if the person [F6has attained the age of 16 years and is] subject to a supervision requirement, 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] ;]

[F9(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)F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)Where any person is committed to a local authority F11... under any provision of this Act, that authority F12... shall be specified in the warrant, and he shall be detained by the authority F13... for the period for which he is committed or until he is liberated in due course of law.

[F14(2A)F15... 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)F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F17(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) F18... 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 M2Children (Scotland) Act 1995 in relation to that requirement.

[F19(5)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.]]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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) 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.

F3Words 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.

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)

F5S. 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)

F6Words 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.

F7Words 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.

F8Words 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.

F9S. 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.

F10S. 51(1)(bb) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 64(2)(a)(ii), 206(1); S.S.I. 2010/413, art. 2, Sch.

F11Words in s. 51(2) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss.{23(4)}, 89; S.S.I. 2003/288, art. 2, Sch.