A teenager accused of a machete murder bid in Dundee was freed to a relative’s house, despite being remanded in custody by a sheriff, because of a “deeply alarming” shortage of secure unit beds.
The 17-year-old – who cannot be named – appeared at the city’s sheriff court last week in connection with the alleged attempted murder of a man in Whitfield.
Prosecutors were opposed to the teen being released on bail with a sheriff ruling that he should be held in custody meantime.
The Courier can today reveal that he was released because no beds were available at any of the four secure units across Scotland, including Rossie in Montrose.
The case has been described as “deeply worrying” with concerns raised about the “alarming” shortage of secure accommodation.
Attempted murder allegation
Legally, the teen cannot be held in a young offenders institution until he turns 18 and must be detained in secure accommodation.
Multiple sources – speaking on the condition of anonymity – confirmed that the teen was taken to the relative’s house, deemed a “place of safety”, late at night by a social worker and police escort.
The youth had been released into the care of the social work department.
He could not be legally detained in police custody.
Sources confirmed that the teen has since been removed from the address and is now remanded in secure accommodation.
It is alleged that the teen assaulted a man on June 11 in Whitfield by striking him on the head with a machete while subject to three bail orders.
He faces separate allegations of acting abusively while brandishing the weapon and striking a car with it.
Deaths at YOI Polmont prompted law change
The Scottish Government said there were “ongoing efforts” to enhance secure accommodation in future.
In 2024, the Children (Care and Justice) (Scotland) Bill received Royal Assent which prevents children being sent to Polmont Young Offenders Institute.
This followed the suicides of two under-18s in Polmont as well as criticism from Scotland’s chief inspector of prisons who said it was a breach of human rights to send 16 and 17-year-olds to the facility, particularly prior to being convicted.
A Scottish Government spokesperson said: “Decisions around the placement of children and young people in secure accommodation remain with the relevant expert decision makers and robust matching processes are followed to ensure the safety of all.
“Secure accommodation is the most complex form of care for children in Scotland and this means capacity can shift daily, however capacity is not the sole consideration in decisions around the placement of children.”
As outlined in the Children’s Hearings (Scotland) Act 2011, a “place of safety” for children can include a residential establishment or secure accommodation, a police station, a hospital or surgery or the home of a “suitable person who is so willing”.
The spokesperson added: “We have increased the number of available beds since the start of this year and there are ongoing efforts to strengthen secure accommodation for the future.
“If a secure placement cannot be identified then all appropriate and safe alternatives will be considered, ensuring that the bests interests of each child are prioritised and that any risks are managed appropriately to protect the child and the community.”
‘Deeply alarming’
Dundee City Council, which is responsible for social work services, said it would be “inappropriate” to comment.
Scottish Labour’s spokesperson for children and young people, Martin Whitfield MSP, said: “The SNP’s failure to provide appropriate secure accommodation for young people is nothing short of scandalous.
“This accommodation has an important role to play in our justice and care systems, but under the SNP it is at best overstretched and at times non-existent.
“This deeply worrying case highlights the consequences of the SNP’s failures to prepare for the change that they themselves introduced.
“The SNP must get urgently address the dangerous shortage of secure accommodation in Scotland so that Court decisions are not overruled in this way.”
Sharon Dowey MSP, the Scottish Conservatives’ shadow minister for victims and community safety, said: “This case exposes the deeply alarming lack of secure accommodation across Scotland.
“We repeatedly warned SNP ministers about this issue when the Children’s Justice Bill was going through Parliament, but they have failed to act.
“We said that legislation would only add to the pressure placed on secure units as offenders would be sent to these facilities.
“SNP ministers must guarantee proper provisions are in place to always house young offenders in secure facilities where they represent no danger to the public.”
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