The Scottish Government was facing an increase in pressure to clarify the provisions of the Children (Care and Justice) (Scotland) Act following the death of 17-year-old Jonathan Beadle at Polmont Young Offenders Institution on 13th July. It has announced, on 23rd July 2024, that we can expect to see the legislation come into full force in September this year.

 Enacted in June, the legislation mandates that 16 and 17-year-olds should be placed in secure accommodation rather than young offenders facilities.

 Scottish Liberal Democrat MSP Willie Rennie urged the government to act swiftly in response to “another tragedy.” He questioned when the provisions would commence and whether the government had ensured there was sufficient capacity in secure accommodation.

 Rennie noted, “During the final parliamentary stage of this legislation, the minister confirmed that alternative secure accommodation providers were prepared for these changes. Following another tragedy in our prison system, the Scottish Government must provide a date for implementing these provisions. Scottish Liberal Democrats have consistently highlighted concerns about self-harm in Scotland’s prisons and advocated for mental health workers in each facility. While the circumstances of Jonathan’s death are unknown, there is an urgent need to reform prison mental health care and recognize that harsh custodial sentences do not serve young people’s needs well.”

 The findings of fatal accident inquiries (FAI) into the deaths of three other young people at Polmont are expected to be published soon. An FAI was conducted for the deaths of William Lindsay, 16, and Katie Allan, 21, who both committed suicide in 2018, as well as for 20-year-old Jack McKenzie, who is believed to have taken his own life in 2021.

 Victims and Community Safety Minister Siobhan Brown expressed condolences to Jonathan’s family and stated, “Every death in custody is a tragedy. A report will be submitted to the procurator fiscal, so it would be inappropriate to comment further. The decision on whether to detain a child remains with the independent judiciary. The Children (Care and Justice) (Scotland) Act, which received royal assent on June 4, includes provisions to end the placement of under-18s in young offenders institutions. Efforts are underway to implement these provisions as soon as possible, with ongoing collaboration with partners, including the Scottish Prison Service and secure care providers, to facilitate the transfer of those currently in Polmont in accordance with the provisions’ commencement.”

 We therefore can expect to see these changes begin in September this year.