Prisons (Scotland) Act 1989

Detention and transfer of young offenders

19Remand centres and young offenders institutions

(1)The Secretary of State may provide—

(a)remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence; and

(b)young offenders institutions, that is to say, places in which offenders sentenced to detention in a young offenders institution may be kept.

(2)The Secretary of State shall provide in remand centres facilities for the observation and examination of any person detained therein on whose physical or mental condition a medical report may be desirable for the assistance of the court in determining the most suitable method of dealing with his case.

(3)The Secretary of State shall appoint for every remand centre and young offenders institution a visiting committee of which not less than two members shall be justices of the peace and not less than such number of members as may be prescribed by the rules shall be women.

(4)The following provisions, that is to say—

(a)sections 8(2) and (3), 11(2) and (3), 12 and 38 of this Act, and

(b)subject as hereinafter provided, sections 1 to 7, 9, 10, 11(1), (4) and (5), 13 to 17, 24, 33 to 37 and 41 of this Act,

shall apply to remand centres and young offenders institutions, to persons detained therein and to visiting committees appointed therefor under subsection (3) above in like manner as the said provisions apply to prisons, prisoners and visiting committees appointed for prisons under section 8(1) of this Act:

Provided that—

(i)section 11(4) and (5) of this Act shall not apply to young offenders institutions;

(ii)section 24 of this Act shall not apply to remand centres;

(iii)the provisions specified in paragraph (b) of this subsection, other than those mentioned in paragraphs (i) and (ii) of this proviso, shall apply as aforesaid subject to such adaptations and modifications as may be made by rules of the Secretary of State.

20Temporary detention of persons liable to detention in young offenders institution or remand centre

A person who is required to be taken to a young offenders institution or remand centre may, until arrangements can be made for taking him there, be temporarily detained elsewhere.

21Transfer to prison of persons over 21, and maximum age for detention in young offenders institution

(1)Subject to the provisions of this section, where a person serving a sentence of detention in a young offenders institution has attained the age of 21 years, the Secretary of State shall have power to transfer him to prison.

(2)No person shall be detained in a young offenders institution after he has attained the age of 23 years, and accordingly any person so detained shall, not later than the day immediately preceding his twenty-third birthday, be transferred to prison.

(3)Where a person has been transferred to prison under this section, he shall be treated for the purpose of his serving the unexpired part of his sentence and of his supervision on release as if the sentence of detention passed upon him were a sentence of imprisonment for a like term, and the provisions of the 1975 Act and this Act relating to the treatment and supervision of prisoners shall apply to him accordingly:

Provided that section 212, or as the case may be section 421, of the 1975 Act (recall on reconviction) shall continue to apply to a person so transferred to prison.