New laws which will prevent under-18s from being sent to young offenders institutions will come into force “no later” than the week beginning 2 September, a Scottish government minister has confirmed.
It comes following the death of Jonathan Beadle, 17, at Young Offenders Institution Polmont in Falkirk on 13 July.
Sky News understands the teenager had pleaded guilty to a charge of acting in a disorderly manner and being in possession of weapons with intent to assault and murder a 16-year-old girl.
Following his death, questions were raised over why he had been moved from a secure children’s unit.
Young people aged 16 and 17 should be placed in secure accommodation rather than young offenders institutions (YOIs) under the Children (Care and Justice) (Scotland) Act, which came into force last month.
Natalie Don, minister for children, young people and The Promise, provided a timeline of events in response to a letter from MSP Audrey Nicoll, convener of the criminal justice committee at Holyrood.
Ms Don explained that Mr Beadle had initially been remanded at the YOI in March last year, but was court-ordered to be moved into the secure care of St Mary’s Kenmure in East Dunbartonshire on 7 November.
Following a court hearing on 26 March this year, the teenager was once again ordered back to HMP & YOI Polmont.
Ms Don said: “As you will be aware, 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.”
A fatal accident inquiry (FAI) – which is mandatory for all deaths in custody – will later be held to examine the circumstances.
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This latest incident comes ahead of the findings of FAIs into the deaths of three other young people at Polmont.
An inquiry was held recently into the deaths of 16-year-old William Lindsay – also known as William Brown – 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 reported to have taken his own life in September 2021.
In March 2022, the Scottish government vowed to end the placement of 16 and 17-year-olds in YOIs.
It was part of a plan containing 80 actions to “improve the lives of children, young people and families in and around the edges of care”.
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Ms Don said the legislation passed by Holyrood would mean 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 received royal assent on 4 June, Ms Don added: “Plans are moving at pace to ensure these provisions are commenced as soon as possible and no later than during the week of 2 September, the week of parliament’s return from summer recess.”
The minister added: “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.”
