Custody of convicted children and young people: practice guidance

The procedures to be followed regarding children sentenced under section 205(2) or section 208 of the Criminal Procedure (Scotland) Act 1995.

Preparation for Sentencing Under Section 205(2) or Section 208 of the Criminal Procedure (Scotland) Act 1995

22. The CYP Placement Manager will seek agreement with social work and the Head of secure Unit on an initial placement, on a contingency basis, and in advance of sentence being passed. This is particularly important where the conviction is for murder when the sentence may be imposed immediately upon conviction. Advance planning is therefore important in order to avoid the situation where insufficient notice results in the appropriate secure accommodation not being identified prior to sentencing.

23. Where contact has not already been made, the home authority social work department should notify the CYP Placement Manager whenever a child in their area is convicted of an offence on indictment to discuss placement options. In addition to those details listed in paragraph 10, social work should provide the CYP Placement Manager with:

  • a copy of the Criminal Justice Social Work report,
  • the child's plan, and
  • any other relevant reports.

24. This is still necessary where the plan is for the child to remain in the establishment where they have previously been remanded. This is because the child can only be detained at a place directed by the Scottish Ministers and responsibility for costs of the placement will transfer from the local authority to the Scottish Government upon sentence.

25. The CYP Placement Manager will contact the relevant court to ensure the clerk is aware of Scottish Ministers' responsibility to the young person. For children sentenced under sections 205(2) or 208 of the 1995 Act, the standard form of Warrant is:

The Court SENTENCED, DECERNED and ADJUDGES, the Panel to be detained in such place and on such conditions as the Scottish Ministers may direct for a period of [day's/month's/year's]; under the provisions of the Criminal Procedure (Scotland) Act 1995, Section [205(2)/208]. In respect of which order, Warrant is hereby granted for the detention of in pursuance of the foregoing order until liberated in due course of law.

26. When a child is ordered to be detained under sections 205(2) or 208, the Sheriff Clerk or Depute Clerk of Justiciary in the High Court should forward to the CYP Placement Manager copies of the extract Warrant. It will then be returned along with the placement order and transport request.

27. The Warrant will not be specific in regards to which secure unit the child is to be placed as this can change over the duration of the sentence depending on their needs/behaviour/circumstances/turning 18 years old. The court clerk will receive a copy of the placement order prepared by the CYP Placement Manager to the Warrant for escort purposes. The holding secure unit will retain the original Warrant.

Transportation to secure unit immediately following sentence

28. The CYP Placement Manager will arrange for the child to be transported to the relevant secure unit (and for any transportation requirements while the child remains in the secure unit e.g. further appearances in court, visits to doctor/dentist). It is strongly recommended that the child should be accompanied to the secure unit by somebody they have an existing relationship with.




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