Children (Care and Justice) (Scotland) Act 2024

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1. Introductory Text

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   Part 1 Children’s hearings system

   1. 1. Age of referral to children’s hearing

   2. 2. Children’s hearing: duty to have due regard to effects of trauma on child

   3. 3. Child assessment and child protection measures: secure accommodation

   4. 4. Compulsory supervision orders: directions authorising restriction of liberty

   5. 5. Compulsory supervision orders: prohibitions

   6. 6. Compulsory supervision orders: movement restriction conditions

   7. 7. Compulsory supervision orders: secure accommodation authorisations

   8. 8. Provision of information to person affected by child's offence or behaviour

   9. 9. Support for victims in the children’s hearings system

   10. 10. Support for victims in the children’s hearings system: review and report

   11. 11. Supervision or guidance post-18

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   Part 2 Criminal justice and procedure

   1. Involvement of children in criminal proceedings: general

      1. 12. Meaning of “child”

      2. 13. Offences against children to which special provisions apply

   2. Prosecution of children

      1. 14. Prosecution of children over age of criminal responsibility

   3. Safeguards for children involved in criminal proceedings

      1. 15. Custody of children before commencement of proceedings

      2. 16. Steps to safeguard welfare and safety of children in criminal proceedings

   4. Remit to children’s hearing from criminal courts

      1. 17. Referral or remit to Principal Reporter of children guilty of offences

   5. Remand, committal and detention of children

      1. 18. Remand and committal of children before trial or sentence

      2. 19. Detention of children on conviction

   6. Mental health disposals for convicted children

      1. 20. Hospital directions

   7. Places where children can no longer be detained

      1. 21. Meanings of “young offenders institution” and “young offender”

      2. 22. Abolition of remand centres

   8. Local authority duties in relation to detained children

      1. 23. Duty of local authority to provide residential establishments for detained children

      2. 24. Children detained in secure accommodation to be treated as “looked after” children

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   Part 3 Secure transportation

   1. 25. Standards for provision of secure transportation

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   Part 4 Residential and secure care

   1. 26. Meaning of “secure accommodation”

   2. 27. Secure accommodation services

   3. 28. Regulation of care services providing residential accommodation to children

   4. 29. Cross-border placements: effect of orders made outwith Scotland

   5. 30. Regulation of cross-border placements

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   Part 5 Antisocial behaviour orders, named person and child’s plan

   1. 31. Antisocial behaviour orders relating to children

   2. 32. Named person and child’s plan

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   Part 6 UNCRC compatibility issues in criminal proceedings

   1. 33. UNCRC compatibility issues in relation to decisions to prosecute children

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   Part 7 Review of Act

   1. 34. Review of Act

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   Part 8 Final provisions

   1. 35. Ancillary provision

   2. 36. Interpretation

   3. 37. Modification of enactments

   4. 38. Commencement

   5. 39. Short title

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       Schedule

       Minor and consequential modifications

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          Part 1 Children’s hearings system

          1. 1. Children’s Hearings (Scotland) Act 2011

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          Part 2 Age of Criminal Responsibility

          1. 2. Age of Criminal Responsibility (Scotland) Act 2019

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          Part 3 Offences against children to which special provisions apply

          1. 3. Criminal Procedure (Scotland) Act 1995

          2. 4. Children’s Hearings (Scotland) Act 2011

          3. 5. National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004

          4. 6. Adoptions with a Foreign Element (Scotland) Regulations 2009

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          Part 4 Remit to children’s hearing from criminal courts

          1. 7. Criminal Procedure (Scotland) Act 1995

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          Part 5 Criminal procedure: miscellaneous modifications

          1. 8. Social Work (Scotland) Act 1968

          2. 9. Prisoners and Criminal Proceedings (Scotland) Act 1993

          3. 10. Criminal Procedure (Scotland) Act 1995

          4. 11. Antisocial Behaviour etc. (Scotland) Act 2004

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          Part 6 Abolition of remand centres

          1. 12. Children and Young Persons (Scotland) Act 1937

          2. 13. Law Reform (Miscellaneous Provisions) (Scotland) Act 1980

          3. 14. Prisons (Scotland) Act 1989

          4. 15. Criminal Law (Consolidation) (Scotland) Act 1995

          5. 16. Criminal Procedure (Scotland) Act 1995

          6. 17. Prisoners’ Earnings Act 1996

          7. 18. Housing (Scotland) Act 2006

          8. 19. Protection of Vulnerable Groups (Scotland) Act 2007

          9. 20. Community Justice (Scotland) Act 2016

          10. 21. Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

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          Part 7 Local authority duties in relation to detained children

          1. 22. Social Work (Scotland) Act 1968

          2. 23. Public Services Reform (Scotland) Act 2010

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          Part 8 Secure accommodation

          1. 24. Representation of the People Act 1983

          2. 25. Protection of Vulnerable Groups (Scotland) Act 2007

          3. 26. Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016

          4. 27. Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022

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          Part 9 Named person and child’s plan

          1. 28. Human Trafficking and Exploitation (Scotland) Act 2015

          2. 29. Criminal Justice (Scotland) Act 2016

          3. 30. Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014

          4. 31. Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2016