Children (Care and Justice) (Scotland) Act 2024

Part 6 Abolition of remand centres

Children and Young Persons (Scotland) Act 1937

12 (1) The Children and Young Persons (Scotland) Act 1937 is amended as follows.

(2) Section 62 (power of Secretary of State to send certain juvenile offenders to approved schools) is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

13 (1) The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 is amended as follows.

(2) In schedule 1 (ineligibility for and disqualification and excusal from jury service), in Group B of Part 1, in paragraph (o), “, remand centres” and “, borstal institutions” are repealed.

Prisons (Scotland) Act 1989

14 (1) The 1989 Act is amended as follows.

(2) In section 20 (temporary detention of persons liable to detention in young offenders institution or remand centre)—

(a) “or remand centre” is repealed,

(b) in the section title, “or remand centre” is repealed.

(3) In section 20A (transfer of young offenders to prison or remand centre)—

(a) in subsection (2)—

(i) “or remand centre” is repealed,

(ii) the words from“, but” to the end are repealed,

(b) in subsection (3), “or remand centre” is repealed,

(c) in the section title, “or remand centre” is repealed.

(4) In section 37 (discontinuance of prison), in subsection (2), “remand centre or” is repealed.

(5) In section 39 (rules for the management of prisons and other institutions), in subsection (1), “, remand centres” is repealed.

(6) In section 40 (arrest of and rules for absent prisoners)—

(a) in subsection (1), “or remand centre” is repealed,

(b) in subsection (2), “or remand centre” in each place is repealed.

Criminal Law (Consolidation) (Scotland) Act 1995

15 (1) The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

(2) In section 49C (offence of having offensive weapon etc. in prison), in subsection (7), paragraph (b) is repealed.

Criminal Procedure (Scotland) Act 1995

16 (1) The 1995 Act is amended as follows.

(2) In section 51 (remand and committal of children and young persons), subsection (2A) is repealed.

(3) In section 144 (procedure at first diet), in subsection (6), “, remand centre” is repealed.

(4) In section 285 (previous convictions: proof, general), in subsection (4), “or of a remand centre” is repealed.

(5) In section 307 (interpretation), in subsection (1), in the definition of “place of safety”, “, prison or remand centre,” is repealed.

Prisoners’ Earnings Act 1996

17 (1) The Prisoners’ Earnings Act 1996 is amended as follows.

(2) In section 4 (interpretation), in subsection (3), in the definition of “prisoner”, “or remand centre” is repealed.

Housing (Scotland) Act 2006

18 (1) The Housing (Scotland) Act 2006 is amended as follows.

(2) In section 126 (HMOs exempt from licensing requirement), in subsection (1), in paragraph (d), for “, a young offenders institution or a remand centre” substitute “or a young offenders institution”.

Protection of Vulnerable Groups (Scotland) Act 2007

19 (1) The Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows.

(2) In schedule 2 (as substituted by section 74(3) and schedule 3 of the Disclosure (Scotland) Act 2020), paragraph 31, in the definition of “prison”, for “, young offenders institution or remand centre” substitute “or young offenders institution”.

(3) In schedule 3 (as substituted by section 74(4) and schedule 4 of the Disclosure (Scotland) Act 2020), in paragraph 24, in the definition of “prison”, for “, young offenders institution or remand centre” substitute “or young offenders institution”.

Community Justice (Scotland) Act 2016

20 (1) The Community Justice (Scotland) Act 2016 is amended as follows.

(2) In section 37 (interpretation), in subsection (1), in the definition of “penal institution”, paragraph (b) is repealed.

Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

21 (1) The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.

(2) In section 2 (mandatory inquiries), in subsection (7), in the definition of “penal institution”, paragraph (b) is repealed.