Children (Care and Justice) (Scotland) Act 2024

Section 1 – age of referral to children’s hearing

15. This section extends the age of referral to the children’s hearings system to age 18 for all children.

16. Under the 2011 Act, if a child has had no prior involvement in the children’s hearings system, then the child may be referred to the Principal Reporter only if they are under 16. Referral to the Principal Reporter is for the purposes of investigation into the child’s circumstances, an assessment of whether the child is in need of protection, guidance, treatment or control, and whether it might be necessary for a CSO to be made in relation to the child. The hearings system may still deal with some 16 year olds provided they have been referred to the system before turning 16. And the system can also deal with some 16 and 17 year olds if they are already subject to a CSO.

17. Section 1 amends section 199 of the 2011 Act, which defines “child” for the purposes of that Act, so that “child” means anyone under the age of 18. As a result, it will no longer be necessary for a child aged 16 or over to have been referred to the hearings system before they turn 16 in order for the hearings system to deal with them. Nor will the hearings system only apply to 16 and 17 year olds if they are already subject to a CSO.