§ Mr. Kennedy
asked the Solicitor-General for Scotland if he will detail the types of behaviour and categories of offence in respect of which procurators fiscal seek the issue of unruly certificates.
§ The Solicitor-General for Scotland
The application for unruly certificates by procurators fiscal is governed by 911W section 297 of the Criminal Procedure (Scotland) Act 1975 and is not dependent on specific types of behaviour or categories of offence as such, but on whether a child is of so unruly a character that he cannot safely be committed to a place of safety or that he is of so depraved a character that he is not a fit person to be so detained. Prior to making an application for an unruly certificate, procurators fiscal will consult officials of the local authority on whether there is secure accommodation available as an alternative to recommending an unruly certificate, and the result of such consultation will be made known to the sheriff if the procurator fiscal proceeds with his application.