OpenLegislation

Section 7 Children detained in solemn proceedings.I1C1

Scotland

C2(1)

Where a child is detained under F1section 208 of the F21995 Act (detention of children convicted on indictment) and the period specified in the sentence—

(a)

is less than four years, he shall be released on licence by the Secretary of State as soon as (following commencement of the sentence) F3the period mentioned in subsection (1ZA) has elapsed;

(b)

is of four or more years, he shall be so released as soon as (following such commencement) two thirds of the period so specified has elapsed F4unless he has before that time been so released, in relation to that sentence, under any provision of this Act.

F5(1ZA)

The period referred to in subsection (1)(a) is—

(a)

where subsection (1ZB) applies, one-half of the period specified in the sentence,

(b)

in any other case, F6three-tenths of the period specified in the sentence.

(1ZB)

This subsection applies where the sentence is for, or (in the case of a sentence treated as a single term under section 27(5)) includes a sentence passed in respect of—

(a)

an offence listed in paragraphs 36 to 60 of schedule 3 of the Sexual Offences Act 2003, or

(b)

a domestic abuse offence within the meaning of section 1(10).

F7(1A)

The Secretary of State may by order provide—

(a)

that the reference to—

(i)

four years, in paragraph (a) of subsection (1) above; or

(ii)

four or more years, in paragraph (b) of that subsection,

shall be construed as a reference to such other period as may be specified in the order;

F8(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B)

An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.

C3(2)

A child detained under section 208 of the 1995 Act or in pursuance of an order under subsection (3) below F9shall, on the recommendation of the Parole Board made at any time, be released on licence by the Secretary of State.

F10(2A)

This subsection applies where a child detained under section 208 of the 1995 Act is sentenced, while so detained, to a determinate term of detention F11... or imprisonment and, by virtue of section 27(5) of this Act, such terms of detention or imprisonment are treated as single term.

(2B)

In a case where subsection (2A) applies and the single term mentioned in that subsection is less than four years, the provisions of this section shall apply.

(F122C)

In a case where subsection (2A) applies and the single term mentioned in that subsection is of four or more years, this Part applies to the person as if the single term were an equivalent sentence of detention or, as the case may be, imprisonment.

(3)

If, after release under subsection (1) or (2) above F13or, as the case may be, section 1AB(4) or 26ZA(5)(a) and before the date on which the entire period specified in the sentence elapses (following commencement of the sentence) F14or, as the case may be, before the date on which the sentence under section 205ZC(5) as originally imposed by the court expires, a child commits an offence in respect of which it is competent to impose imprisonment on a person aged 21 years or more (other than an offence in respect of which imprisonment for life is mandatory) and, whether before or after that date, pleads guilty to or is found guilty of it a court may, instead of or in addition to making any other order in respect of that plea or finding—

(a)

in a case other than that mentioned in paragraph (b) below, order that he be returned to detention for the whole or any part of the period which—

(i)

begins with the date of the order for his return; and

(ii)

is equal in length to the period between the date on which the new offence was committed and the date on which that entire period so elapses F15or, as the case may be, the sentence under section 205ZC(5) expires; and

(b)

in a case where that court is inferior to the court which imposed the sentence, refer the case to the superior court in question; and a court to which a case is so referred may make such order with regard to it as is mentioned in paragraph (a) above.

(4)

The period for which a child is ordered under subsection (3) above to be returned to detention—

(a)

shall be taken to be a sentence of detention for the purposes of this Act and of any appeal; and

(b)

shall, as the court making that order may direct, either be served before and be followed by, or be served concurrently with, any sentence imposed for the new offence (being in either case disregarded in determining the appropriate length of that sentence).

F16(4A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F175)

Without prejudice to section 6(1)(b)(ii) of this Act—

(a)

sections F181AB, 3, 11(1), 12, 12A, 12B, 17 F19, 20(2) and 26ZA of this Act apply to children F20on whom detention has been imposed under section 205ZC(5) of the 1995 Act and children detained under section 208 of that as they apply to long-term prisoners F21(but subject to the modifications of section 26ZA in subsection (5A));

(F22aa)

sections 3A and 3B of this Act apply to children on whom detention has been imposed under section 205ZC(5) of the 1995 Act as they apply to long-term prisoners; and

(b)

in those sections of this Act, references to prisoners, or to prison, imprisonment or sentences of imprisonment shall be construed, and sections 1A F23, 1B and 27 shall apply, accordingly.

(F245A)

The modifications are that section 26ZA is to be read as if—

(a)

subsection (9) were omitted, and

(b)

subsection (10)(a) related to section 1A(1)(c) only.

(6)

F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

In the foregoing provisions of this section any reference to a child being detained does not include a reference to his being detained without limit of time.

(F268)

This section (other than F27subsections (2) and (3) to (7)) does not apply in relation to a person to whom section 1AB applies F28to the extent that detention is imposed on the person under section 205ZC(5) of the 1995 Act.

(F299)

This section is subject to section 1B.

Annotations

Textual amendments

F1

Words in s. 7(1)(2)(5)(6) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(5)

F2

Words in s. 7(1)(2)(5)(6) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 86(2)

F3

Words in s. 7(1)(a) substituted (11.2.2025) by Prisoners (Early Release) (Scotland) Act 2025 (asp 1), ss. 2(2)(a), 8(2) (with sch. paras. 3, 4); S.S.I. 2025/17, reg. 2

F4

Words in s. 7(1)(b) added (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 101(a); S.I. 1998/2327, art. 2(1)(y)(2)(hh) (with transitional provisions in art. 7(3))

F5

S. 7(1ZA)(1ZB) inserted (11.2.2025) by Prisoners (Early Release) (Scotland) Act 2025 (asp 1), ss. 2(2)(b), 8(2) (with sch. paras. 3, 4); S.S.I. 2025/17, reg. 2

F6

Word in s. 7(1ZA)(b) substituted (12.5.2026) by The Prisoners (Early Release) (Miscellaneous Amendment and Transitional Provisions) (Scotland) Regulations 2026 (S.S.I. 2026/168), regs. 1(1), 2(4) (with regs. 4, 5)

F7

S. 7(1A)(1B) inserted (3.2.1995) by 1994 c. 33, s. 130(1); S.I. 1995/127, art. 2(1), Sch. 1

F8

S. 7(1A)(b) repealed (11.2.2025) by Prisoners (Early Release) (Scotland) Act 2025 (asp 1), s. 8(2), sch. para. 2(2) (with sch. paras. 3, 4); S.S.I. 2025/17, reg. 2

F9

Word in s. 7(2) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 38(2)(a), 89(2) (with saving in S.S.I. 2003/287, art. 2(2)); S.S.I. 2003/288, art. 2, Sch.

F10

S. 7(2A)(2B)(2C) inserted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 101(b); S.I. 1998/2327, art. 2(1)(y)(2)(hh) (with transitional provisions in art. 7(3))

F11

Words in s. 7(2A) repealed (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 9(2)(a); S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3)

F12

S. 7(2C) substituted (28.8.2024) by Children (Care and Justice) (Scotland) Act 2024 (asp 5), s. 38(3), sch. para. 9(2)(b); S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3)

F13

Words in s. 7(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(a)(i)

F14

Words in s. 7(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(a)(ii)

F15

Words in s. 7(3) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(a)(iii)

F16

S. 7(4A) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 38(2)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.

F17

S. 7(5) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 38(2)(c), 89(2); S.S.I. 2003/288, art. 2, Sch.

F18

Word in s. 7(5)(a) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 4(6)(a), 10(4)

F19

Words in s. 7(5)(a) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(b)(i)

F20

Words in s. 7(5)(a) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(b)(ii)

F21

Words in s. 7(5)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(b)(iii)

F22

S. 7(5)(aa) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(c)

F23

Word in s. 7(5)(b) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(d)

F24

S. 7(5A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(e)

F25

S. 7(6) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 38(2)(d), 89(2); S.S.I. 2003/288, art. 2, Sch.

F26

S. 7(8) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 4(6)(b), 10(4)

F27

Words in s. 7(8) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(f)(i)

F28

Words in s. 7(8) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(f)(ii)

F29

S. 7(9) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 52(13)(g)

Modifications

C1

Ss. 1, 1A, 2(4), 3A, 5, 6(1)(a)(b)(i)(iii), 7, 9, 16, 20, 21, 26A, 27, Schs. 2, 6 extended (30.9.1998) by 1997 c. 43, ss. 41, 56(1), Sch. 1 Pt. II paras. 10(2)(a)(5)(a)(6)(7), 11(2)(a)(4)(a)(6) (subject to art. 5) (as amended (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 paras. 135(5)(a)(d)(f)(6)(a)(b); S.I. 1998/2327, art. 2(1)(y)(2)(oo) (subject to arts. 5-8))

C2

S. 7(1) modified (retrospectively) by 1984 c. 47, Sch. para. 2(5) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 6(2); S.I. 1997/2200, art. 2(1)(h) (subject to art. 5))

S. 7(1) modified (1.10.1997) by 1984 c. 47, Sch. para. 2(5) (as inserted (1.10.1997) by 1997 c. 43, s. 42, Sch. 2 para. 7(1)(2); S.I. 1997/2200, art. 2(1)(h) (subject to art. 5))

C3

S. 7(2) applied (1.10.2022) by Coronavirus (Recovery and Reform) (Scotland) Act 2022 (asp 8), ss. 57, 59(1)

Commencement

I1

S. 7 not in force at Royal Assent see. s. 48(2), s. 7(6) in force for certain purposes at 18.8.1993, s. 7 wholly in force at 1.10.1993 by S.I. 1993/2050, art. 3(2)(4), Sch. 1

Notes on Part I

Modifications

C1

Pt. 1 modified (S.) (20.10.1997) by 1997 c. 48, s. 16(2)(3) (with s. 33); S.I. 1997/2323, art. 3, Sch. 1

C2

Pt. 1 applied (S.) (8.10.2001) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), ss. 4, 15(2), Sch. paras. 29, 66, 67, 77 (with Sch. para. 65); S.S.I. 2001/274, art. 3(3) (and by that para. 67 as substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(b)(v), 89(2); S.S.I. 2003/288, art. 2, Sch.)

C3

Pt. 1 applied (S.) by Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), Sch. para. 7A (as inserted) (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 39(a), 89(2); S.S.I. 2003/288, art. 2, Sch.

C4

Pt. 1: power to modify conferred (S.) (1.3.2007) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 94(3)(4), 104(1); S.S.I. 2007/84, art. 3(2)

C5

Pt. I: power to modify conferred (S.) (24.9.2012) by Criminal Cases (Punishment and Review) (Scotland) Act 2012 (asp 7), ss. 2(2), 5(2); S.S.I. 2012/249, art. 3

C6

Pt. 1 applied by 1984 c. 47, Sch. para. 2(3A) (as inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 3(1)(4))

C7

Pt. 1 applied by 1984 c. 47, Sch. para. 2 (as modified (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(r), Sch. 11 para. 4)

C8

Pt. 1 modified by 2007 asp 17, Sch. 6 (as substituted (S.) (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 19, 206(1); S.S.I. 2011/178, art. 2, sch.); (as amended (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(5), 63(2); S.S.I. 2019/309, reg. 2; (30.4.2021) by Counter Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 58); (16.1.2026) by S.S.I. 2026/4, regs. 1, 2(2)(3); and (24.3.2026) by S.S.I. 2026/137, arts. 1, 2(2))