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Publication - Guidance

Custody of convicted children and young people: practice guidance

Published: 26 Apr 2018
Part of:
Children and families, Law and order
ISBN:
9781788515573

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

19 page PDF

304.6kB

19 page PDF

304.6kB

Contents
Custody of convicted children and young people: practice guidance
Annex B - Glossary of Terms

19 page PDF

304.6kB

Annex B - Glossary of Terms

Bail – an arrangement for the release of an accused person pending trial or sentence subject to conditions.

Breach – the failure to fulfil the requirements of either a court order or the conditions of a post release licence.

Child - as defined in Section 199 of the Children's Hearings (Scotland) Act 2011 - A person under the age of 16 or between the age of 16 and 18 and subject to a Compulsory Supervision Order.

Committal – the action of sending a person to prison.

Compulsory Supervision Order – an order that a Children's Hearing can make which means that a named local authority is responsible for supporting a child or young person.

Criminal Justice Social Work ( CJSW) Report – a court can ask for a report to be prepared about a child before sentencing. This report provided information about the individual and their past and current offence(s).

Detention - A sentence of imprisonment in a YOI for a person under 21 years of age.

Determinate Sentence – a determinate sentence is where the court sets a fixed length for detention (the most common type of sentence).

Indeterminate Sentence – a sentenced without a fixed length of time. No release date is set. The child has to serve a minimum amount of time before being considered for release.

Indictment - A document setting out the charge(s) of crimes or offences against an accused in more serious cases. It runs in the name of Her Majesty's Advocate (the public prosecutor). A case on indictment is tried by judge sitting with a jury in the High Court (in the most serious cases), or the sheriff court. Cases tried on indictment are known as solemn proceedings.

Individual Placement Agreement ( IPA) – document setting out arrangements agreed by the Provider and Purchaser for a child who is the subject of a secure accommodation placement under the national Scotland Excel contract for the provision of secure care.

Mobility – reintegration back to the community on a gradual and planned basis.

Non-parole licence - any person serving a sentence of four years or over (but excluding life) who fails to be released on parole, is automatically released on licence after serving two thirds of the sentence. Failure to comply with the licence can result in recall to prison for the rest of the sentence.

Parole - A person serving a sentence of imprisonment or detention of four years or more is eligible to be released after one half of the sentence.

Punishment Part - The minimum period a life sentence prisoner has to serve before his case can be considered by a Tribunal of the Parole Board for Scotland for release on life licence.

Remand - The disposal of an accused person during further process of law. A person may be remanded on bail or custody.

Secure Accommodation – accommodation provided for the purpose of restricting the liberty of children in a residential establishment.

Solemn proceedings - Serious criminal offences are prosecuted on indictment before a judge and jury of 15 persons. These proceedings are called "solemn proceedings" as distinct from summary proceedings before a sheriff or justice(s) of the peace sitting without a jury.

Summary complaint - Less serious criminal offences are prosecuted on summary complaint before a court of summary jurisdiction, that is a sheriff sitting alone, a stipendiary magistrate or in a Justice of the Peace Court. More serious cases are prosecuted on indictment under solemn proceedings; which is before a jury.

Throughcare – to provide services to the child both during and after their sentence.

Warrant - A written authority, e.g. from court, authorising certain actions such as an arrest of a person, a search of premises or an eviction of occupiers. Also used to signify a document evidencing a right of some kind, e.g. in a title to heritable property. A Warrant may also be the formal authority by the court to cite a person to appear before it.


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