Children (Care and Justice) (Scotland) Act 2024

1. Introduction

2. The Act

   1. Overview

   2. Crown application

   3. Interpretation

3. Commentary on Provisions

   1. Part 1 – children’s hearings system

      1. Section 1 – age of referral to children’s hearing

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

      3. Section 3 – child assessment and child protection measures: secure accommodation

      4. Section 4 – compulsory supervision orders: directions authorising restriction of liberty

      5. Section 5 – compulsory supervision orders: prohibitions

      6. Section 6 – compulsory supervision orders: movement restriction conditions

      7. Section 7 – compulsory supervision orders: secure accommodation authorisations

      8. Section 8 – provision of information to person affected by child’s offence or behaviour

      9. Section 9 – support for victims in the children’s hearings system

      10. Section 10 – support for victims in the children’s hearings system: review and report

      11. Section 11 – supervision or guidance post-18

   2. Part 2 – criminal justice and procedure

      1. Involvement of children in criminal proceedings: general

         1. Section 12 - meaning of “child”

         2. Section 13 – offences against children to which special provisions apply

      2. Prosecution of children

         1. Section 14 – prosecution of children over age of criminal responsibility

      3. Safeguards for children involved in criminal proceedings

         1. Section 15 - custody of children before commencement of proceedings

         2. Section 16 – steps to safeguard welfare and safety of children in criminal proceedings

      4. Remit to children’s hearing from criminal courts

         1. Section 17 – referral or remit to Principal Reporter of children guilty of offences

      5. Remand, committal and detention of children

         1. Section 18 – remand and committal of children before trial or sentence

         2. Section 19 – detention of children on conviction

      6. Mental health disposals for convicted children

         1. Section 20 – hospital directions

      7. Places where children can no longer be detained

         1. Section 21 – meanings of “young offenders institution” and “young offender”

         2. Section 22 – abolition of remand centres

      8. Local authority duties in relation to detained children

         1. Section 23 – duty of local authority to provide residential establishments for detained children

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

   3. Part 3 – secure transportation

      1. Section 25 – standards for provision of secure transportation

   4. Part 4 – residential and secure care

      1. Section 26 – meaning of “secure accommodation”

      2. Section 27 – secure accommodation services

      3. Section 28 – regulation of care services providing residential accommodation to children

      4. Section 29 – cross-border placements: effect of orders made outwith Scotland

      5. Section 30 – regulation of cross-border placements

   5. Part 5 – antisocial behaviour orders, named person and child’s plan

      1. Section 31 – antisocial behaviour orders relating to children

      2. Section 32 – named person and child’s plan

   6. Part 6 – UNCRC compatibility issues in criminal proceedings

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

   7. Part 7 – review of Act

      1. Section 34 – review of Act

   8. Part 8 – final provisions

      1. Section 35 – ancillary provision

      2. Section 36 – interpretation

      3. Section 37 – modification of enactments

      4. Section 38 – commencement

      5. Section 39 – short title

   9. Schedule – minor and consequential modifications

4. Parliamentary History