PART V Children and Young Persons
51 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
F5. . . if he is under 16 years of age F6but is not a child to whom paragraph (bb) below applies, 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 within the meaning of Part II of the M1Children (Scotland) Act 1995; and
C1ii
in any other case, in a suitable place of safety chosen by the authority;
F2aa
if the person F7has attained the age of 16 years and is subject to a supervision requirement, the court may F8. . . 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 F9or may commit him either to prison or to a young offenders institution ;
F10b
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
if he is a child who is under 16 years of age but has attained the age of 14 years and is certified by the court to be unruly or depraved, then where—
i
the court has been so notified as is mentioned in paragraph (b)(i) above, 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.
2
F142A
Subject to subsection (4) below, 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
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, F15either to prison or to a young offenders institution .
4
Where in the case of a person under 16 years of age who has been committed F16under this section to prison, to a young offenders institution or to a remand centre , the sheriff is satisfied that his detention in prison or a F17young offenders institution or remand centre is no longer necessary, he may revoke the committal and commit the person to the local authority F3which he considers appropriate to be detained—
a
where the court so requires, in secure accommodation within the meaning of Part II of the M2Children (Scotland) Act 1995; and
C1b
in any other case, in a suitable place of safety chosen by the authority.
F44A
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 M3Children (Scotland) Act 1995 in relation to that requirement.
F185
Where by virtue of subsection (1)(aa), (b)(ii), (bb)(ii) or (3)(b) 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.