Children (Care and Justice) (Scotland) Bill: child rights and wellbeing impact assessment
An assessment of the impact of the Children (Care and Justice) (Scotland) Bill on children’s rights and wellbeing.
Footnotes
1. There may be occasions where children are deprived of their liberty in other locked settings in certain circumstances such as hospitals where the child has a mental disorder under the Criminal Procedure (Scotland) Act 1995. Overall however, children will never be able to be remanded or sentenced to YOIs or prisons.
2. Currently section 142(1) Criminal Procedure (Scotland) Act 1995 (legislation.gov.uk) directs that where summary proceedings are brought in respect of an offence alleged to have been committed by a child, no person shall be present at any sitting for the purposes of such proceedings except: (a) members and officers of the court; (b) parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case; (c) bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings; and (d) such other persons as the court may specially authorise to be present.
3. Children-aged-12-to-15-years-offending.pdf (scra.gov.uk)
4. CRC/C/GC/24: Para 76.
5. Bernburg, J. & Krohn, M. (2003) 'Labelling, life chances, and adult crime: The direct and indirect effects of official intervention in adolescence on crime in early adulthood', Criminology (Beverly Hills), 41(4).
8. For a summary of evidence in respect of the children's hearings system see CYPCS Older Children in Conflict with the Law
9. Independent Care Review - The Promise and HMIPS - Year of Childhood Pre-inspection Survey 2021 | HMIPS (prisonsinspectoratescotland.gov.uk)
10. Currently section 142(1) Criminal Procedure (Scotland) Act 1995 (legislation.gov.uk) directs that where summary proceedings are brought in respect of an offence alleged to have been committed by a child, no person shall be present at any sitting for the purposes of such proceedings except: (a) members and officers of the court; (b) parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case; (c) bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings; and (d) such other persons as the court may specially authorise to be present.
13. Childrens-Hearing-16-17-FINAL.pdf (cypcs.org.uk)
14. Use and impact of bail and remand in Scotland with children - Children and Young People's Centre for Justice (cycj.org.uk) 13 December 2020
15. Independent Care Review – The root and branch review of Scotland's care system.
16. The-Promise.pdf (carereview.scot)
17. Scottish Parliament official report Official Report (parliament.scot)
18. Report on Expert Review of Provision of Mental Health Services at HMP YOI Polmont | HMIPS (prisonsinspectoratescotland.gov.uk); Rights Respecting? Scotland's approach to children in conflict with the law - Children's and Young People's Centre for Justice (cycj.org.uk); UN GLOBAL STUDY ON CHILDREN DEPRIVED OF LIBERTY (2019) · Omnibook
19. Including The United Nations Convention on the Rights of the Child and General Comment No. 24 (201x), replacing General Comment No. 10 (2007) Children's rights in juvenile justice
20. Scottish Prison Population SPS Prison Population
21. Scottish Prison Population SPS Prison Population
22. Prosecution of young people: report
23. Preventing offending: getting it right for children and young people - gov.scot (www.gov.scot)
24. Children-aged-12-to-15-years-offending.pdf (scra.gov.uk)
25. CYCJ research on children in police custody is forthcoming
26. Efforts have been made to address this, for example through the coproduction of materials like CYCJ-Know-Your-Rights-Guide-WEB.pdf
27. For a summary see CYPCS Older Children in Conflict with the Law
28. As above
30. CARM Launch: Care and Risk Management (CARM) in Practice - Children and Young People's Centre for Justice (cycj.org.uk)
32. Older Children in Conflict with the Law. Rights Respecting? Scotland's approach to children in conflict with the law - Children's and Young People's Centre for Justice (cycj.org.uk)
34. 'Rights respecting' report calls for Scottish youth justice reform - Children and Young People's Centre for Justice (cycj.org.uk) 30 January 2020
37. For more information see Mental Health and Wellbeing of Young People in Custody: Evidence Review - Enlighten: Publications (gla.ac.uk)
Contact
Email: CC&JBill@gov.scot
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