Criminal courts, procedure, evidence and justice

43 Detention of young offenders.

In each of sectios 207 and 415 of the Criminal Procedure (Scotland) Act 1975 (detention of young offenders)—

a

in subsection (5)(a), after the word “shall” there shall be inserted the words “ , subject to subsection (5A) below, ” ; and

b

after the said subsection (5) there shall be inserted—

5A

Where detention in a detention centre would be required by subsecction (5) above but the accused has already served such a sentence, the court shall order that the detention be in a young offenders institution, unless it appears to the court that, in the particular circumstances of the case, and having regard to the character of the offender, tit would be more appropriate for the detention to be served in a detention centre.