Children (Care and Justice) (Scotland) Bill: child rights and wellbeing impact assessment

3. Will there be different impacts on different groups of children and young people?

The provisions will impact positively on the following groups:

• Children involved in the children's hearings system;
• Children (and some young people) in the criminal justice system;
• Children (and young people) in secure accommodation;
• Children placed in care settings in Scotland from elsewhere in the UK;
• Family members of children involved in any of the above systems (including siblings and any child of their own);
• People who have been harmed by parts of a child's behaviour (which may be other children or adults).

Prosecution of children over the age of criminal responsibility

The Bill will principally affect individual children over the age of criminal responsibility, who come into conflict with the law under the age of 18. It does this by ensuring their privacy is protected, removing the option for children to be detained in young offenders institutions, and allowing, where appropriate, their circumstances to be considered by or dealt with in the children's hearings system.

Age of referral to children's hearings

The new ability for 16 and 17-year-olds to be referred to the Principal Reporter will apply equally to all in this age group, whether it is done for care and welfare or offence-related concerns. This will enable holistic consideration of the need for compulsory measures for the guidance, care, treatment or control of children where their welfare is at risk, for children aged 16 and 17, many of whom cannot currently benefit from this system if they are not already subject to compulsory measures.