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Criminal Justice (Scotland) Act 1949

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This is the original version (as it was originally enacted).

18Restriction on imprisonment

(1)No court shall impose imprisonment on a person under seventeen years of age.

(2)No court shall impose imprisonment on a person under twenty-one years of age unless the court is of opinion that no other method of dealing with him is appropriate; and for the purpose of determining whether any other method of dealing with any such person is appropriate the court shall obtain from a probation officer or otherwise and consider information about his circumstances, and shall take into account any information before the court which is relevant to his character and his physical and mental condition.

(3)Where a court of summary jurisdiction other than a sheriff court or a stipendiary magistrate's court imposes imprisonment on any such person as is mentioned in the last foregoing subsection, the court shall state the reason for its opinion that no other method of dealing with him is appropriate, and the reason shall be specified in the minutes required to be kept under section fifty-three of the Summary Jurisdiction (Scotland) Act, 1908.

(4)His Majesty may by Order in Council prohibit courts from sentencing to imprisonment persons under the age of twenty-one years or such lower age as may be specified in the Order, and any such Order may be limited to particular classes of court or to persons of one of the sexes:

Provided that no Order in Council shall be made under this subsection until the Secretary of State is satisfied that the methods, other than imprisonment, available for the treatment of offenders afford to courts adequate means of dealing with the persons to whom the Order relates.

(5)A draft of any Order in Council under this section shall be laid before Parliament, and the draft shall not be submitted to His Majesty in Council unless each House of Parliament presents an Address to His Majesty praying that the Order be made.

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