Age of Criminal Responsibility (Scotland) Act 2019: learning event 26 January 2023 - key findings

Section 3: Lessons Learned Log

Key aspect Description or lesson/mitigation

Communication

Effective communication and timely information sharing are key aspects of successful implementation of any new legislation. By providing clear and timely information to all relevant stakeholders and partners, and by building a shared understanding and ethos around the act, it would ensure that everyone is working in partnership together.

Collaboration and partnership working

Collaboration and partnership working between agencies is essential to ensure effective implementation of the Act. It was discussed about how important is is for agencies such as the Social Work Scotland, Scottish Courts and Tribunal Service, the Scottish Civil Justice Council, and Police Scotland to work together to ensure that the Act is implemented in a consistent way.

Collaboration and partnership working

It is important for partners and services to be involved in discussions at the earliest possible stage when new legislation is being developed.

This is particularly the case when the legislation has significant implications on their services. By doing so, partners could provide valuable input that could help shape the legislation and ensure it is workable in practice.

This can help to ensure that all partners have a shared understanding of the legislation and its intended outcomes, and can work together to overcome any barriers to effective implementation.

Children’s rights

It is important for agencies to have a comprehensive understanding of the needs of children who have experienced trauma and to provide appropriate support and interventions.

Children’s rights/resources

Stakeholders to consider Early and Effective Intervention which is a national framework for working with young people of 8 - 17 years who have been involved in offending behaviour. Its purpose is to divert these young people away from statutory measures, where appropriate.

Youth justice - early and effective intervention: core elements - framework - gov.scot (www.gov.scot)

Definitions and language within the act

Legislation is written in a clear and concise manner, with consistent language and definitions, to facilitate its effective implementation and enforcement.

Victim Support

Ensure that victims and their families are provided with adequate support and information throughout the process. This can help to mitigate the impact of the harm caused and ensure that victims feel supported and heard. Providing clear guidance and information for victims can also improve their engagement, and ultimately help to achieve better outcomes for all involved.

Community confidence

There is a need to improve public perception of the Act, as well as to provide more information about the support available for victims. There was discussions on the need to raise awareness of ACR in schools and how that a public information campaign in early stages pre-commencement may have helped.

Training and resources

There is a need for ongoing workforce development training and support for continuous professional learning, including e-learning materials and Scottish Child Interview Model (SCIM) training. Additionally, language changes should be made more visible, to ensure consistent and clear communication across stakeholders.

Places of safety

It is important to ensure that appropriate places of safety are available, regardless of the location, to ensure that children are not placed at further risk.

Independent reviewer

More knowledge and understanding of the role of the independent reviewer within the Act.

ChIRP

Role and responsibilities of a ChIRP to be clarified to partners and stakeholders.