McArthur urges restraint over under 18s trapped on remand

Scottish Liberal Democrat justice spokesperson Liam McArthur MSP has today urged the Scottish Government to rein in the use of remand for under 18s as he revealed that hundreds of teenagers have been retained in custody without being convicted over the past three years.

On 30 March 2022, the Scottish Government pledged that under 18s would no longer be sent to young offender institutions. This will take effect as a result of provisions contained in the Children (Care and Justice) (Scotland) Bill, which is currently undergoing parliamentary scrutiny.

However parliamentary questions submitted by Mr McArthur reveal:

• That since April 2020, 260 individuals under 18 were held on remand including 86 since the Scottish Government’s pledge.

• In 2022/23 a young person was remanded in custody for more than a year (387 days).

• On nine occasions people under the age of 18 were held on remand in a prison establishment that was not a designated Young Offenders Institute.

Scottish Liberal Democrats are now calling on the government to directly fund places in secure accommodation instead, a proposal which has also been supported by the Chief Inspector of Prisons, the Children's Commissioner and others including the Children and Young People's Centre for Justice and Community Justice Scotland.  

Liam McArthur MSP said:

“The excessive use of remand is one of the Scottish Prison system's most pernicious problems. It’s bad for both the rights of the accused but also victims who are prevented from seeing justice done.

“In a small number of cases there will be people under the age of 18 who commit heinous crimes and they need to be in a secure environment but for everybody else custody must be a last resort.

"Young people should not be pushed through the doors of Polmont, even as a temporary or interim measure, simply because the government hasn’t invested in any alternative provision, especially when they have not yet been convicted. It’s a recipe for more tragedies like that of William Brown.

“While commitments to end the use of young offender institutions for under 18s are a step in the right direction, in the meantime the Scottish Government should be funding secure care places where young people can get help and support, in a setting which is better suited to their needs than a prison.

“Scottish Liberal Democrats also want to see targeted action to tackle the backlog in court cases which will help to reduce the reliance on remand as a tool.”