Children (Care and Justice) (Scotland) Bill: equality impact assessment

Footnotes

1. The background and policy context, as well as specific provisions, are outlined at length in the policy memorandum, which this impact assessment should be read alongside

2. Raising the age of referral: consultation - gov.scot (www.gov.scot)

3. 16/17 year old – cross system working group (usercontent.one)

4. For full analysis of consultation responses please see Children's Care and Justice Bill Consultation Analysis Independent report commissioned by Scottish Government (www.gov.scot) and the policy memorandum.

5. Independent Care Review – The root and branch review of Scotland's care system.

5. The-Promise.pdf (carereview.scot)

6. Justice for children and young people - a rights-respecting approach: vision and priorities - gov.scot (www.gov.scot)

7. For example The development of cognitive and emotional maturity in adolescents and its relevance in judicial contexts

8. Various national and international research has evidenced this as summarised in Key messages from the Centre for Youth & Criminal Justice; Scotland's approach to children in conflict with the law (cycj.org.uk); Children and young people in conflict with the law: policy, practice and legislation; The-Promise.pdf (carereview.scot)

9. As self-reported in the 17th Prisoner Survey 2019 (sps.gov.uk) and 16th PRISONER SURVEY 2017 - Young People in Custody (sps.gov.uk)

10. For example in agency responses to children from different socio-economic backgrounds, the disproportionate criminalisation of looked after children, and in depriving children of their liberty in YOIs.

11. McAra, L & McVie, S. (2013). 'Delivering Justice for Children and Young People: Key Messages from the Edinburgh Study of Youth Transitions and Crime', in A Dockley (ed.), Justice for Young People: Papers by Winners of the Research Medal 2013. Howard League for Penal Reform.

12. Children's Hearings (Scotland) Act 2011 (legislation.gov.uk)

13. For a summary of evidence on the children's hearings system see CYPCS Older Children in Conflict with the Law.

14. For a summary of research in respect of the CHS see CYPCS Older Children in Conflict with the Law. The Hearing System Working Group is currently considering how best to improve the children's hearing system

15. Published and unpublished criminal proceedings data Criminal Proceedings in Scotland statistics - gov.scot (www.gov.scot)

16. As identified in rights-based reviews of approaches to children in Scotland Older Children In Conflict With the Law - CYPCS and Scotland's approach to children in conflict with the law (cycj.org.uk)

17. See for example sentencing-young-people-guideline-for-publication.pdf (scottishsentencingcouncil.org.uk)

18. As per international human rights standards and in accordance with national and international evidence and best practice

19. Towards a Principled Legal Response to Children Who Kill - Nessa Lynch, 2018 (sagepub.com)

20. For more detail see problem-solving-courts-an-evidence-review.pdf (justiceinnovation.org)

21. Different pieces of research adopt different definitions of disabilities and may focus on particular conditions/needs-see for example Children aged 12 to 15 years involved in offending and referred to the Children's Reporter and Procurator Fiscal in Scotland, Children and young people in conflict with the law: policy, practice and legislation (cycj.org.uk); childrens-social-work-statistics-2020-21.pdf and Scottish Parliament Inquiry into secure care places

22. For more information see Mental Health and Wellbeing of Young People in Custody: Evidence Review - Enlighten: Publications (gla.ac.uk)

24. As detailed in the consultation

25. See Older Children In Conflict With the Law - CYPCS and Scotland's approach to children in conflict with the law (cycj.org.uk) for more information

26. The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (legislation.gov.uk)

27. Children referred to the Reporter (scra.gov.uk); Published and unpublished criminal proceedings data Criminal Proceedings in Scotland statistics - gov.scot (www.gov.scot); Children and young people on remand in Scotland - Children and Young People's Centre for Justice (cycj.org.uk). Under Article 37(c) of the UNCRC "In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so".

28. See Risk Assessment and Secure Accommodation Decision‐Making in Scotland: Taking Account of Gender? (wiley.com) for a summary

29. Scottish Crime and Justice Survey - gov.scot (www.gov.scot)

30. Pregnancy and Parenthood in Young People Strategy - gov.scot (www.gov.scot)

31. ACEs, Distance and Sources of Resilience (cycj.org.uk); 16th PRISONER SURVEY 2017 - Young People in Custody6076_2850 (1).pdf

32. For a summary see Children and young people in conflict with the law: policy, practice and legislation (cycj.org.uk)

33. For a summary see Children and young people in conflict with the law: policy, practice and legislation (cycj.org.uk)

34. For a summary see Children and young people in conflict with the law: policy, practice and legislation (cycj.org.uk)