{
  "url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-208A",
  "json_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995/section-208A.json",
  "legislation": "ukpga/1995/46",
  "legislation_title": "Criminal Procedure (Scotland) Act 1995",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-scotland-act-1995",
  "path": "section/208A",
  "kind": "section",
  "number": "208A",
  "heading": "Detention of children under sections 205(2) and 208(1)",
  "text": "(1) This section applies where a child is sentenced—\n(a) to be detained without limit of time under section 205(2), or\n(b) to be detained under section 208(1).\n(2) The Scottish Ministers may not direct under section 205(2) or, as the case may be, 208(1) that a child be detained in a prison or a young offenders institution.\n(3) The Scottish Ministers may direct that a child be detained in secure accommodation.\n(4) The Scottish Ministers may by regulations make provision about the detention in secure accommodation of children to whom this section applies.\n(5) Regulations under subsection (4) may, in particular, make provision about the circumstances in which such children may remain in secure accommodation despite attaining the age of 18 years (provided that no person may remain in such accommodation after attaining the age of 19 years).\n(6) Regulations under subsection (4) are subject to the affirmative procedure.\n(7) In this section, “secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 208A inserted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), ss. 19(6), 38(3); S.S.I. 2024/211, reg. 2(d) (with reg. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/46/section/208A",
    "retrieved_at": "2026-11-05T03:43:46.035735+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}