NEW laws which will prevent under-18s from being sent to young offenders institutions will come into force “no later” than the first week in September, a Scottish Government minister has said.
Natalie Don, minister for children and young people, said plans were “moving at pace” to make sure the change is brought in “as soon as possible”.
She made the commitment in the wake of the latest death at Polmont Young Offenders Institution near Falkirk. Jonathan Beadle, 17, died there on Saturday July 13.
He had been there despite the Children (Care and Justice) (Scotland) Act, requiring that those aged 16 and 17 be placed in secure accommodation rather than in a young offenders institution, being enacted in June.
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The latest death comes ahead of the findings of fatal accident inquiries into the deaths of three other young people at Polmont.
An inquiry was held recently into the deaths of William Lindsay, 16, and Katie Allan, 21, who both took their own lives in separate incidents within months of each other in 2018.
A separate inquiry has also been held into the death of Jack McKenzie, 20, who is also reported to have taken his own life in Polmont in September 2021.
Last week MSPs on Holyrood’s Criminal Justice Committee said they had been “concerned with deaths in custody for some time now, especially those relating to young people”.
Committee convener Audrey Nicoll pressed ministers on the decision to move Beadle from secure care to Polmont, and also asked when the measures in the Children (Care and Justice) (Scotland) Act would come into force.
Don said Beadle had initially been remanded to HMP & YOI Polmont on March 10 2023, but was then moved to St Mary’s Kenmure Secure Centre in Bishopbriggs, Glasgow, on November 7 that year.
But she said a court hearing on March 26, 2024, had then determined he should be returned to Polmont.
Don said: “There is an ongoing investigation into the circumstances of Jonathan’s tragic death.
“It would therefore be inappropriate for me to comment on any of the circumstances at this stage.”
Don added that the legislation passed by Holyrood meant under 18s “will be treated as children and have a legal route to remand or detention in a facility other than a YOI, should a period of detention in a locked facility such as secure accommodation be required”.
With the Act having been granted royal assent in June this year, the minister added:
“Plans are moving at pace to ensure these provisions are commenced as soon as possible and no later than during the week of September 2, the week of Parliament’s return from summer recess.”
Don said: “Urgent engagement is taking place with and by the Scottish Government and its partners, including SPS (Scottish Prison Service), secure care providers, Social Work Scotland, Crown Office, Scottish Courts and Tribunal Service and the Care Inspectorate, to ensure the necessary plans are in place for the safe transition of the children in Polmont at the commencement date.”
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