Children (Care and Justice) (Scotland) Act 2024
Part 1
Children’s hearings system
1
Age of referral to children’s hearing
2
Children’s hearing: duty to have due regard to effects of trauma on child
3
Child assessment and child protection measures: secure accommodation
4
Compulsory supervision orders: directions authorising restriction of liberty
5
Compulsory supervision orders: prohibitions
6
Compulsory supervision orders: movement restriction conditions
7
Compulsory supervision orders: secure accommodation authorisations
8
Provision of information to person affected by child's offence or behaviour
9
Support for victims in the children’s hearings system
10
Support for victims in the children’s hearings system: review and report
11
Supervision or guidance post-18
Part 2
Criminal justice and procedure
Involvement of children in criminal proceedings: general
12
Meaning of “child”
13
Offences against children to which special provisions apply
Prosecution of children
14
Prosecution of children over age of criminal responsibility
Safeguards for children involved in criminal proceedings
15
Custody of children before commencement of proceedings
16
Steps to safeguard welfare and safety of children in criminal proceedings
Remit to children’s hearing from criminal courts
17
Referral or remit to Principal Reporter of children guilty of offences
Remand, committal and detention of children
18
Remand and committal of children before trial or sentence
19
Detention of children on conviction
Mental health disposals for convicted children
20
Hospital directions
Places where children can no longer be detained
21
Meanings of “young offenders institution” and “young offender”
22
Abolition of remand centres
Local authority duties in relation to detained children
23
Duty of local authority to provide residential establishments for detained children
24
Children detained in secure accommodation to be treated as “looked after” children
Part 3
Secure transportation
25
Standards for provision of secure transportation
Part 4
Residential and secure care
26
Meaning of “secure accommodation”
27
Secure accommodation services
28
Regulation of care services providing residential accommodation to children
29
Cross-border placements: effect of orders made outwith Scotland
30
Regulation of cross-border placements
Part 5
Antisocial behaviour orders, named person and child’s plan
31
Antisocial behaviour orders relating to children
32
Named person and child’s plan
Part 6
UNCRC compatibility issues in criminal proceedings
33
UNCRC compatibility issues in relation to decisions to prosecute children
Part 7
Review of Act
34
Review of Act
Part 8
Final provisions
35
Ancillary provision
36
Interpretation
37
Modification of enactments
38
Commencement
39
Short title
Schedule
Minor and consequential modifications
Part 1
Children’s hearings system
1
Children’s Hearings (Scotland) Act 2011
Part 2
Age of Criminal Responsibility
2
Age of Criminal Responsibility (Scotland) Act 2019
Part 3
Offences against children to which special provisions apply
3
Criminal Procedure (Scotland) Act 1995
4
Children’s Hearings (Scotland) Act 2011
5
National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004
6
Adoptions with a Foreign Element (Scotland) Regulations 2009
Part 4
Remit to children’s hearing from criminal courts
7
Criminal Procedure (Scotland) Act 1995
Part 5
Criminal procedure: miscellaneous modifications
8
Social Work (Scotland) Act 1968
9
Prisoners and Criminal Proceedings (Scotland) Act 1993
10
Criminal Procedure (Scotland) Act 1995
11
Antisocial Behaviour etc. (Scotland) Act 2004
Part 6
Abolition of remand centres
12
Children and Young Persons (Scotland) Act 1937
13
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
14
Prisons (Scotland) Act 1989
15
Criminal Law (Consolidation) (Scotland) Act 1995
16
Criminal Procedure (Scotland) Act 1995
17
Prisoners’ Earnings Act 1996
18
Housing (Scotland) Act 2006
19
Protection of Vulnerable Groups (Scotland) Act 2007
20
Community Justice (Scotland) Act 2016
21
Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
Part 7
Local authority duties in relation to detained children
22
Social Work (Scotland) Act 1968
23
Public Services Reform (Scotland) Act 2010
Part 8
Secure accommodation
24
Representation of the People Act 1983
25
Protection of Vulnerable Groups (Scotland) Act 2007
26
Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016
27
Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022
Part 9
Named person and child’s plan
28
Human Trafficking and Exploitation (Scotland) Act 2015
29
Criminal Justice (Scotland) Act 2016
30
Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014
31
Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2016

Children (Care and Justice) (Scotland) Act 2024
2024 asp 5
An Act of the Scottish Parliament to make provision to bring all under 18s within the scope of the children’s hearings system and about the measures that may be included in compulsory supervision orders, the provision of information to certain persons as to disposals made by the hearings system, and about supervision and guidance for children after age 18; to make provision treating under 18s as children for the purposes of the criminal justice system and about how children are treated in that system, including providing for new safeguards for children in court, the circumstances in which courts must seek advice from a children’s hearing or remit the case to a hearing for disposal, the court’s power to impose driving disqualifications and penalty points despite so remitting, the operation of sexual offences notification requirements on such remittal, and the use of secure accommodation, and removing the option of young offenders institutions and remand centres, when detaining children; to make changes to provision on secure accommodation and the regulation of secure accommodation services, including those services which take children from other parts of the United Kingdom; to change the age at which a person is a child for the purposes of antisocial behaviour orders; to repeal provisions on the named person service and on child’s plans; to make provision about UNCRC compatibility issues in relation to decisions to prosecute children; and for connected purposes.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th April 2024 and received Royal Assent on 4th June 2024