Seven children under the age of 16 have been sent to prison since the Justice Secretary outlawed the practice five months ago.

Kenny MacAskill announced on February 21 that the laws that allow children under 16 to be held in jail would be scrapped following growing concerns about their welfare. The move followed pressure by Dr Andrew McLellan, Her Majesty's Chief Inspector of Prisons.

The minister said he would abolish "unruly certificates", which now allow children under 16 charged with an offence to be detained in prison while on remand. He said he would consult on options, such as secure care or tagging with intensive monitoring.

The move was broadly welcomed, but The Herald can reveal that, since then, six boys and one girl under 16 have been sent to prison.

Dr McLellan, said: "I think it is tremendously disappointing that after the brave decision of the cabinet secretary to stop forever the incarceration of people under 16, it is still happening.

"Prison is no place for a child. Nobody is better off when a child is held in Polmont or Cornton Vale. Let us hope that the one child that is in prison today is the last one ever in Scotland."

Last year's annual report by Dr McLellan told of 26 cases of under-16s being sent to a prison or young offenders' institution during the year.

The move only affects children on remand. Children under 16 are already sent to secure accommodation, rather than a prison or young offenders' institution, once convicted. Kathleen Marshall, Scotland's children's commissioner, said the provision had been "misused" in the past.

"It is very concerning that children are still being sent into the prison estate," she said. "It is a matter of principle that this should not happen at all, but we have to find another way of accommodating these young people. Until we have plan B in place then we have a problem.

"It is not acceptable to have any young people in prison, but the question is what to do with the very small number of young people with extraordinarily challenging behaviour which cannot currently be accommodated in secure accommodation. However, I very much doubt all seven of these young people would fit into that category.

"I am exploring some of these issues at present."

In February, Mr MacAskill also asked officials to draw up plans to ensure more children in secure care stay there after their 16th birthday, rather than being transferred to places such as young offenders' institutions.

He said: "I don't believe that in the long run Scotland will be well served by jailing children."

The Scottish Prison Service, which is struggling to cope with a record prison population, has made it clear that jail is not the most appropriate place for children.

A Scottish Government spokesman said: "The Scottish Government is committed to ending the system of unruly certificates that means under 16s held on remand can be sent to prison." A consultation with key stakeholders looking at the detail and issues around making sure alternatives are in place is due to finish this week.