COVID-19 Children and Families Collective Leadership Group - short-life group on under-18s in custody: report

Police Scotland

Legal Status of child/young person

Subject to CSO – via SCRA

Previous disposals

Circumstances of arrest and alleged offence

Information from a Local Authority following notification of a child in custody (CJ(S)A 2016 S.24/41)

Previous concern forms and VPD information

Subject to MHC&T(S) Act-

Social circumstances of child/young person

Known vulnerabilities/risk factors

Known to local support services

Specific crime types via PRW or fixed penalty only

EEI –typically first/early low level offences

All Children/Young people are considered for EEI or referral to Childrens Reporter as per established protocol

Police access to systematic information about a young person's wellbeing during any detention

Duties under 2016 Act on police to inform LA in certain circumstances provided opportunity for information flow

Inconsistent identification of care leavers

Police Scotland

Legal Status of child/young person

Subject to CSO – via SCRA

Previous disposals

Circumstances of arrest and alleged offence

Any other relevant information gathered in course of detention

Police to Jointly Report to COPFS/SCRA in line with national protocol and LAG (age dependent)

SPR2 is informed by VPD information

PF to apply existing protocol with SCRA where appropriate. Children and young people should always be considered for a welfare based intervention via Hearings System (within existing legislative constraints)

COPFS

Legal Status of child/young person

Subject to CSO – via SCRA

Previous disposals

Circumstances of arrest and alleged offence

Any other relevant information gathered

Existing contact with local services

Known risks and vulnerabilities

Wider social and familial circumstances

Yes

(a)Via COPFS/SCRA joint protocol (age dependent)

(b) via established Diversion from Prosecution arrangements with Local Authorities

(c) Fiscal direct measures

(In future b and c will be prosecutorial actions)

Maximum use of diversion

Where remand/

imprisonment is unavoidable, the risks/issues in doing so are flagged early with sentencers

Where specific mental health concerns, and risks are identified diversion can be used to support the young person to access appropriate support (where available)

PF's access to information about risk/vulnerability to inform a) need for prosecution b) approach to prosecution c) approach to bail/remand/sentencing.

Access will likely depend on young person meeting eligibility criteria for MH services and support (potentially via adult services)

SCTS/

Judiciary

Full assessment of social circumstances and background/risk/social and psychological functioning and mental health concerns/issues (although extent varies)

Advice on options to Sheriff (including bail supervision and risk management processes)– from Court SW Team or WSA/Youth Justice Team

Need for special measures

Specific risks and vulnerabilities which Sheriff may wish to consider.

Wider social and familial circumstances

Advice on further diversionary opportunities

Child's plan

Focus on which is the most appropriate system to address offending.

Yes – via

(a) established Diversion from Prosecution/

Imprisonment arrangements with Local Authorities

(b) Bail (with appropriate conditions)

Every under 18 attending court is identified at point of police arrest and charge and local authority is notified.

Court support as per WSA to be available across SCTS estate to every under 18 for the purposes of information sharing, gathering and provision of support to individual and their family (if young person agrees).

Information is shared via court notes with PF, Sheriff, defence solicitor and court social work, particularly highlighting risks, needs and concerns.

Pro-actively seek diversion and rapid provision of support for young people.

COPFS notify LA of subsequent court dates.

No under 18s are remanded to custody

All available information is available to enable diversion from remand.

Consistency of access to, and level of, court support varies as WSA is policy rather than service provision being a legislative requirement.

Gaining information on young people appearing and access to young people has reportedly become more challenging due to GDPR and local court practice.

Information often gathered in short timeframes.

Credible and available alternatives to remand vary locally

SCTS/Judiciary

Full CJSWR from Local Authority giving advice to Sheriff

Advice from a Children's Hearing.

Yes – via

(a) Community sentence

(b)deferred sentence or other bespoke approach

c) remittal to a Childrens hearing for disposal

d) Use of secure care rather than YOI

Court support as per WSA to be available across SCTS estate and to pro-actively seek diversion and rapid provision of support for young people

CHS best placed in dealing with child's behaviour and welfare. Increase the number of children remitted to the CHS for advice and disposal.

Robust community alternatives are available to meet need and manage risk.

No under 18s in custody.

SPS

As per SPS agreements

Risk alert completed and sent from court SW to receiving establishment

At initial custody review (timescales vary) information on: Health & Wellbeing; Family/Personal Relationships & Contact; Structure, Routine & Opportunities in custody; Legal;

Exit Planning, Positive Supports & Protective Factors; contingency planning should be shared and discussed.

CJSWR (if sentenced)

Child's plan (where developed)

Minimum agreed national information set

Documents may not be developed e.g. if unknown to services previously child's plan will not be developed; CJSWR will not be developed for those on remand or convicted awaiting sentence; and information may not be up to date if developed previously

Difficult to quantify if/when reports are being shared and the quality of information