Movement restriction conditions in the children's hearing system: guidance

Footnotes

1. SCRA and Children's Hearing Scotland have prepared separate guidance for both Children's Reporters and Children's Panel Members to assist and to guide them in relation to their roles and responsibilities in this area, specifically in Scottish Children's Reporter Administration ( SCRA) (2014) Practice Direction 25 and Children's Hearings Scotland (2013) Practice and Procedure Manual. It is also recognised that decisions relating to MRCs may on occasion be made in the Sheriff Court as part of an appeal process but decisions of the CHS are the primary focus of this document.

2. MRCs are often referred to in colloquial terms as "tags" and individuals may be described as being "tagged" or "on a tag". The monitoring device is generally attached to a young person's arm or leg. A monitoring box is placed in the young person's address to monitor compliance.

3. Article 37(b) of the UNCRC.

4. CM/Rec(2014)4, III, 8.

5. s.25 of the Act.

6. s.26 of the Act.

7. Regulation 3(6).

8. For example, a young person subject to an MRC may be self-conscious about his EM device being seen by others when changing into exercise clothing in a school P.E. class and creative solutions would have to be found to manage such concerns.

9. Regulation 6(1)(a).

10. Regulation 3(6)(a).

11. Regulation 3(6)(b).

12. Regulation 6(1)(b).

13. s.125(2).

14. Regulation 6(1)(c).

15. s.131(2)(B)

16. R.30.1 of the European Rules.

CM/Rec (2014) 4, Part III, 8.

18. Recommendation 6(2)(a).

19. For example, it may be the case that a young person presents a serious and credible threat to a parent/carer from whom he is estranged. It may be that an exclusion zone is created to ensure that the young person remains away from the parent's/carer's address. In such instances, this exclusion zone restriction may need to be in place for 24 hours per day as opposed to the maximum 12 hours for which a curfew restriction can operate.