Children (Care and Justice) (Scotland) Act 2024

7 Compulsory supervision orders: secure accommodation authorisations

(1) The 2011 Act is amended as follows.

(2) In section 83 (meaning of “compulsory supervision order”)—

(a) in subsection (6)—

(i) in the opening words, after “conditions” insert “referred to in subsection (5)(b)”,

(ii) for paragraph (a) substitute—

“(a) that—

(i) the child has previously absconded and is likely to abscond again unless the child is kept in secure accommodation, and

(ii) if the child were to abscond, it is likely that the child’s health, safety or development would be at risk,”,

(iii) at the end of paragraph (b) insert “unless the child is kept in secure accommodation,”,

(iv) in paragraph (c), for “injury to another person” substitute “physical or psychological harm to another person unless the child is kept in secure accommodation”,

(b) in subsection (8), after the definition of “medical” insert—

• ““psychological harm” includes fear, alarm and distress,”.

(3) In section 86 (meaning of “interim compulsory supervision order”), in subsection (4)—

(a) for “(3) to (6)” substitute “(2A) to (8)”,

(b) for “subsection (5)(a)” substitute “subsections (5)(a) and (7)”.

(4) In section 87 (meaning of “medical examination order”)—

(a) in subsection (4)—

(i) for paragraph (a) substitute—

“(a) that—

(i) the child has previously absconded and is likely to abscond again unless the child is kept in secure accommodation, and

(ii) if the child were to abscond, it is likely that the child’s health, safety or development would be at risk,”,

(ii) at the end of paragraph (b) insert “unless the child is kept in secure accommodation,”,

(iii) in paragraph (c), for “injury to another person” substitute “physical or psychological harm to another person unless the child is kept in secure accommodation”,

(b) in subsection (5), after the definition of “medical” insert—

• ““psychological harm” includes fear, alarm and distress,”.

(5) In section 88 (meaning of “warrant to secure attendance”)—

(a) in subsection (3)—

(i) for paragraph (a) substitute—

“(a) that—

(i) the child has previously absconded and is likely to abscond again unless the child is kept in secure accommodation, and

(ii) if the child were to abscond, it is likely that the child’s health, safety or development would be at risk,”,

(ii) at the end of paragraph (b) insert “unless the child is kept in secure accommodation,”,

(iii) in paragraph (c), for “injury to another person” substitute “physical or psychological harm to another person unless the child is kept in secure accommodation”,

(b) in subsection (4), before the definition of “relevant period” insert—

• ““psychological harm” includes fear, alarm and distress,”.