Animal welfare bill: children's rights and wellbeing assessment

The Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill - Child Rights and Wellbeing Impact Assessment (CRWIA)

Child Rights and Wellbeing Impact Assessment (CRWIA) Stage 1

Screening - key questions

(Hyperlink will only work within SG)

2. What aspects of the policy/measure will affect children and young people up to the age of 18?

The Bill will not affect children unless they commit an offence, and therefore enter the justice system and treated accordingly with all the associated relevant safeguards.

The standard of proof required to prosecute those charged with an animal welfare or wildlife offence remains unchanged and it is still a matter for the courts to decide the appropriate sentence to impose, based on guidelines for dealing with children and young people and will take into account all the evidence and mitigating factors presented to them.

3. What likely impact – direct or indirect – will the policy/measure have on children and young people?

‘Direct’ impacts of the 2006 act, and wildlife legislation, exist but will be unaffected by the current Bill provisions; if a parent or child committed an offence social services would have a role in dealing with the consequences of their actions, as would they themselves.

4. Which groups of children and young people will be affected?

No particular groups of children will be affected by the Bill provisions.

5. Will this require a CRWIA?

It is considered that the Bill provisions comply with the UN convention on the rights of the children, and therefore a Child Rights and Wellbeing Impact Assessment (CRWIA) is not required.

As discussed, the Bill amends the consequences for those found guilty of an animal welfare or wildlife crime, and does not create any new offences, therefore the impacts on children rights will be identical to those faced in the current legal regime.

It is hoped that children and wider society will benefit from the message, that animal cruelty and wildlife crime are not to be tolerated in our modern and progressive society, and that those who perpetrate these offences will face proportionate and expedient justice.

CRWIA Declaration

Tick relevant section, and complete the form.

CRWIA required

CRWIA not required

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Authorisation

Policy lead

Andrew Voas, Animal Welfare Team

Date

18^th September 2019

Deputy Director or equivalent

Sheila Voas, Chief Veterinary Officer (Scotland) and Deputy Director of the Animal Health & Welfare Division, Scottish Government

Date

26^th September 2019