http://www.legislation.gov.uk/asp/2003/7/section/23/2003-06-27Criminal Justice (Scotland) Act 2003An Act of the Scottish Parliament to make provision in relation to criminal justice, criminal procedure and evidence in criminal proceedings; to make provision as to the arrest, sentencing, custody and release of offenders and the obtaining of reports in relation to offenders; to make provision for the provision of assistance by local authorities to persons who are arrested and are in police custody or who are subject to a deferred sentence and for the making of grants to local authorities exercising jointly certain functions in relation to offenders and other persons; to make provision for the protection of the public at large from persons with a propensity to commit certain offences and for the establishment of the Risk Management Authority; to make provision for the granting of certain rights to the victims of crime; to make provision as to the jurisdiction of courts and the designation of certain courts as drugs courts; to make provision in relation to the physical punishment of children; to create offences in connection with traffic in prostitution or for purposes connected with pornography; to make provision as to the criminal law as it relates to bribery and the acceptance of bribes; to make provision in relation to criminal legal assistance; to require the aggravation of an offence by religious prejudice to be taken into account in sentencing; to make provision as respects police ranks and the powers and duties of certain civilians employed by police authorities; to make provision for the disqualification of convicted persons from jury service in both criminal and civil proceedings and for the separation of juries after retiral; to make provision for the use of live television links between prisons and courts; to make provision in relation to warrants to search; to amend Part V of the Police Act 1997 in its application to Scotland; to make provision in relation to the prohibition of certain matters in respect of cases referred to the Principal Reporter; to amend the law relating to penalties for wildlife offences; and for connected purposes.texttext/xmlenStatute Law Database2026-04-152003-06-27 Part 4 Prisoners <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation><Emphasis>Custody and temporary detention</Emphasis>Remand and committal of children and young persons231In section 19(1)(b) of the 1989 Act (construction of expression “young offenders institution”), at the end there is added “ and in which certain such persons as are mentioned in paragraph (a) above may be kept ”.2In section 40 of that Act (persons unlawfully at large), in each of subsections (1) and (2), after the words “a prison” there is inserted “ or young offenders institution ”.3In subsection (1) of section 51 of the 1995 Act (remand and committal of children and young persons)—ain paragraph (a)—ithe words “subject to paragraph (b) below,” are repealed; andiifor the words “the court shall, instead of committing him to prison,” there is substituted “ but is not a child to whom paragraph (bb) below applies, the court shall ”;bin paragraph (aa)—ifor the words “is over 16 years of age and” there is substituted “ has attained the age of 16 years and is ”;iithe words “, instead of committing him to prison,” are repealed; andiiiat the end there is added “ or may commit him either to prison or to a young offenders institution ”;cfor paragraph (b) there is substituted—bif he is a person who has attained the age of 16 years and to whom paragraph (aa) above does not apply, then where—ithe 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; oriithe court has not been so notified, it may commit him either to prison or to a young offenders institution;bbif 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—ithe court has been so notified as is mentioned in paragraph (b)(i) above, it shall commit him to a remand centre; oriithe court has not been so notified, it may commit him either to prison or to a young offenders institution..4In subsection (2) of that section the words “or to a remand centre”, “or centre” and “or in the centre” are repealed.5After subsection (2) of that section there is inserted—2ASubject 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..6In subsection (3)(b) of that section, for the words “to a prison” there is substituted “ either to prison or to a young offenders institution ”.7In subsection (4) of that section—afor the words “to prison or to a remand centre under this section” there is substituted “ under this section to prison, to a young offenders institution or to a remand centre ”; andbafter the words “or a” there is inserted “ young offenders institution or ”.8At the end of that section there is added—5Where 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..