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.

Change of Placement

60. The CYP Placement Manager is responsible for directing changes of placement, on behalf of Scottish Ministers. The child cannot be moved without Scottish Ministers' direction and any transfer must be authorised in writing.

61. The normal expectation is that the child will remain in the same establishment until their release or their 18th birthday. Transfer to another secure unit or YOI (before 18) will only be considered if for example a child's behaviour becomes completely unmanageable within the current placement or where the child is convicted of further serious charges which suggest that they would present an unacceptable risk to the safety of other residents or staff. Conversely, where a child makes suitable progress he or she will be considered for a move from a secure establishment to an appropriately assessed placement.

62. When the question of transfer arises, consideration of the circumstances, including an evaluation of the reasons for a move from the existing establishment, will normally be given at a quarterly review meeting before a decision is taken by the CYP Placement Manager. Where an emergency decision is needed, the CYP Placement Manager must be contacted. Any transfer to another establishment will trigger a review of the Child's Plan.

Transfer to Young Offenders Institution (YOI)

63. Responsibility for liaising with Scottish Prison Service (SPS) staff to make arrangements for the child's transfer from secure care to YOI will be undertaken by the CYP Placement Manager. The SPS and Scottish Government have a protocol in place to ensure this happens in an appropriate and caring manner. It is recommended SPS staff should attend at least one review meeting prior to the transfer taking place to assist in preparing the child for the move.




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