- Latest available (Revised)
- Original (As enacted)
Criminal Justice (Scotland) Act 2003
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
Criminal Justice (Scotland) Act 2003, Section 23 is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 23:
- specified provision(s) and purposes Appointed Day(s) by S.S.I. 2003/439 art. 2 3 Sch. (Effect not applied to legislation.gov.uk. This S.S.I. is revoked (1.10.2003) by S.S.I. 2003/475, art. 4)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 16D inserted by 2023 asp 4 s. 14(3)
- s. 16ZA inserted by 2023 asp 4 s. 14(2)
- s. 17E(6) inserted by 2023 asp 4 s. 14(7)(d)
- s. 17DA inserted by 2023 asp 4 s. 14(6)
- s. 17ZA inserted by 2023 asp 4 s. 14(4)
- s. 18A(5) inserted by 2023 asp 4 s. 14(8)(b)
23Remand and committal of children and young personsS
This section has no associated Explanatory Notes
(1)In 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 ”.
(2)In 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 ”.
(3)In subsection (1) of section 51 of the 1995 Act (remand and committal of children and young persons)—
(a)in paragraph (a)—
(i)the words “subject to paragraph (b) below,” are repealed; and
(ii)for 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 ”;
(b)in paragraph (aa)—
(i)for the words “is over 16 years of age and” there is substituted “ has attained the age of 16 years and is ”;
(ii)the words “, instead of committing him to prison,” are repealed; and
(iii)at the end there is added “ or may commit him either to prison or to a young offenders institution ”;
(c)for paragraph (b) there is substituted—
“(b)if he is a person who has attained the age of 16 years and to whom paragraph (aa) above does not apply, then where—
(i)the 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; or
(ii)the court has not been so notified, it may commit him either to prison or to a young offenders institution;
(bb)if 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—
(i)the court has been so notified as is mentioned in paragraph (b)(i) above, it shall commit him to a remand centre; or
(ii)the court has not been so notified, it may commit him either to prison or to a young offenders institution.”.
(4)In subsection (2) of that section the words “or to a remand centre”, “or centre” and “or in the centre” are repealed.
(5)After subsection (2) of that section there is inserted—
“(2A)Subject 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.”.
(6)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)At the end of that section there is added—
“(5)Where 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.”.
Textual Amendments
F1S. 23(6)(7) repealed (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 64(4), 206; S.S.I. 2010/413, art. 2, Sch.
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.