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.

EnactedThe 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

Part 1 Children’s hearings system¶

^I1^I71^I96^I1121 Age of referral to children’s hearing¶

1 The Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) is amended as follows.

2 In section 199 (meaning of “child”)—

a in subsection (1)—

i for “16” substitute “18”,

ii for “subsections (2) to (9)” substitute “subsection (2)”,

b subsections (3) to (9) are repealed.

^I22 Children’s hearing: duty to have due regard to effects of trauma on child¶

1 The 2011 Act is amended as follows.

2 After section 7 insert—

7A Children’s hearing: duty to have due regard to effects of trauma on child

1 This section applies where a children’s hearing is held for the purpose of carrying out functions conferred on a children’s hearing by virtue of this Act or any other enactment.

2 The children’s hearing must, in carrying out its functions, have due regard to the need to treat the child to whom the hearing relates in a way that—

a takes account of the effects of trauma which the child may have experienced, and

b seeks to avoid, or minimise the risk of, exposing the child to—

i any recurrence of past trauma, or

ii further trauma.

3 The National Convener must, so far as practicable, ensure that the children’s hearing, in carrying out its functions, has due regard to that need.

4 In this section—

a “children’s hearing” includes a pre-hearing panel,

b in subsection (2), in so far as it applies to a pre-hearing panel, the reference to the child to whom the hearing relates is to be read as a reference to the child in relation to whom a children’s hearing is to be held.

3 In section 177 (children’s hearings: procedural rules), in subsection (2), after paragraph (h) insert—

4 In schedule 2 (the Children’s Panel), in paragraph 3(3), after “may” insert

^I33 Child assessment and child protection measures: secure accommodation¶

1 The 2011 Act is amended as follows.

2 In section 35 (child assessment orders), in subsection (3), at the end of paragraph (b) insert “(but see section 57A(2)),”.

3 In section 37 (child protection orders), in subsection (2), at the end of paragraph (b) insert “(but see section 57A(2)),”.

4 In section 55 (application to justice of the peace), in subsection (1), at the end of paragraph (b) insert “(but see section 57A(2)),”.

5 In section 56 (constable’s power to remove child to place of safety), in subsection (1), after “may” insert “, subject to section 57A(3),”.

6 In section 57 (sections 55 and 56: regulations), in subsection (1), after “safety” insert “(other than secure accommodation)”.

7 After section 57 insert—

Emergency placement of child in secure accommodation

57A Emergency placement of child in secure accommodation: pre-conditions

1 Subsection (2) applies to—

a a child assessment order,

b a child protection order,

c an order made by a justice of the peace under section 55.

2 The order may not include an authorisation that enables the child to be taken or removed to, and kept in, a place or, as the case may be, a place of safety that is secure accommodation unless—

a one or more of the conditions mentioned in subsection (4) applies, and

b having considered the other options available, the sheriff or, as the case may be, the justice of the peace is satisfied that it is necessary to include such an authorisation in the order.

3 A constable may not, under section 56(1), remove a child to a place of safety that is secure accommodation and keep the child there unless—

a one or more of the conditions mentioned in subsection (4) applies, and

b having considered the other options available, the constable is satisfied that it is necessary to do so.

4 The conditions are—

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 the child’s health, safety or development would be at risk,

b that the child is likely to engage in self-harming conduct unless the child is kept in secure accommodation,

c that the child is likely to cause physical or psychological harm to another person unless the child is kept in secure accommodation.

5 In subsection (4)(c), “psychological harm” includes fear, alarm and distress.

57B Emergency placement of child in secure accommodation: regulations

1 The Scottish Ministers may by regulations make further provision about the placing and keeping of a child in secure accommodation—

a by virtue of—

i a child assessment order,

ii a child protection order,

iii an order made by a justice of the peace under section 55,

b by a constable acting under section 56(1).

2 Regulations under subsection (1) may in particular include provision—

a requiring—

i the consent of the person in charge of the residential establishment containing the secure accommodation in which the child is to be placed (the “head of unit”),

ii the agreement of the chief social work officer,

b specifying the criteria to be applied and the procedure to be followed—

i by the head of unit in deciding whether to give such consent,

ii by the chief social work officer in deciding whether to give such agreement,

c specifying the procedure for—

i the notification of decisions,

ii the giving of reasons for decisions,

d imposing requirements in connection with the protection of the welfare of a child being placed and kept in secure accommodation.

3 Regulations under subsection (1) are subject to the affirmative procedure.

^I44 Compulsory supervision orders: directions authorising restriction of liberty¶

1 The 2011 Act is amended as follows.

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

a in subsection (2), at the end of paragraph (b) insert “(but see subsection (2A)),”,

b after subsection (2) insert—

^I55 Compulsory supervision orders: prohibitions¶

1 The 2011 Act is amended as follows.

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

a in subsection (2), after paragraph (c) insert—

b in subsection (8)—

i in the opening words, for “subsection (2)” substitute “this section”,

ii before the definition of “medical” insert—

^I66 Compulsory supervision orders: movement restriction conditions¶

1 The 2011 Act is amended as follows.

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

a in subsection (4)(a)—

i for “more” substitute “both”,

ii for “subsection (6)” substitute “subsection (4A)”,

b after subsection (4) insert—

3 In section 150 (movement restriction conditions: regulations etc.), in subsection (2)—

a in paragraph (b), after “of” insert “monitoring a child’s movements or whereabouts (including whether a child is at, or is not at, a particular place) for the purpose of”,

b in paragraph (c), after “devices” insert “(including any apparatus to be linked to a device)”,

c after that paragraph insert—

^I77 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—

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—

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—

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—

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

a in subsection (3)—

i for paragraph (a) substitute—

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—

^I88 Provision of information to person affected by child's offence or behaviour¶

1 The 2011 Act is amended as follows.

2 In section 179A (request for information by person affected by child's offence or behaviour)—

a in subsection (5)—

i at the beginning insert “Subject to subsections (5A) and (5B),”,

ii for “may” substitute “must, so far as reasonably practicable,”,

b after that subsection insert—

5A The Principal Reporter may, where a person mentioned in subsection (4)(a) or (b) is a child, inform any relevant person in relation to the child, as well as, or instead of, the child, of the relevant person’s right to request information under subsection (3).

5B The Principal Reporter need not inform a person mentioned in subsection (4)(a), (b) or (c) of the person’s right to request information under subsection (3)—

a if the person has indicated (whether to the Principal Reporter or otherwise) that they do not wish to exercise that right,

b if satisfied that doing so would be detrimental to the best interests of—

i the child mentioned in subsection (1),

ii where the person mentioned in subsection (4)(a) or (b) is a child, that child, or

iii any other child, or

c if satisfied, having regard to the factors mentioned in section 179C(2), that it would be inappropriate in the circumstances of the case to do so.

3 In section 179B (information to which section 179A applies)—

a in subsection (1)—

i in paragraph (a)(i), for “subsection (2)(a)” substitute “subsection (2)”,

ii in paragraph (a)(ii), for “subsection (2)(b)” substitute “subsection (3) and the further information mentioned in subsection (4)”,

iii in paragraph (b), for “subsection (2)(b)” substitute “subsection (3) and the further information mentioned in subsection (4)”,

b for subsection (2) substitute—

c after subsection (2) insert—

3 The information referred to in subsection (1)(a)(ii) and (b) is—

a information as to whether a compulsory supervision order has been made in respect of the child or, as the case may be, whether a compulsory supervision order which is already in force in respect of the child has been terminated, varied or continued,

b where such an order has been made or, as the case may be, varied or continued, information as to—

i whether a measure has been included in the order which prohibits the child from approaching, communicating with, attempting to approach or communicate with or otherwise contacting the person who made the request or, where that person is a relevant person, the child in relation to whom that person is a relevant person,

ii whether a secure accommodation authorisation has been included in the order,

c information as to how the referral to the children’s hearing was otherwise discharged,

d other information necessary to assist safety planning by or in relation to the person who made the request or, where the person is a relevant person, the child in relation to whom that person is a relevant person.

4 The further information referred to in subsection (1)(a)(ii) and (b) is—

a where a compulsory supervision order has been made in respect of the child, or such an order which is already in force in respect of the child has been varied or continued—

i information as to whether the order is subsequently varied or continued to include, vary or remove a measure such as is mentioned in subsection (3)(b)(i) or (ii),

ii information as to whether the order is subsequently terminated,

b where other changes relating to the child’s case occur, information necessary to assist safety planning by or in relation to the person who made the request or, where the person is a relevant person, the child in relation to whom that person is a relevant person.

5 In this section, “communicating with” has the meaning given by section 83(8).

6 In this section and in section 179C, references to a compulsory supervision order include references to an interim compulsory supervision order.

4 In section 179C (decision by Principal Reporter following request under section 179A)—

a in subsection (1)(a), for “the child mentioned in section 179A(1) (or any other child),” substitute “—

b after subsection (3) insert—

^I9^I1119 Support for victims in the children’s hearings system¶

1 The 2011 Act is amended as follows.

2 After section 179C (decision by Principal Reporter following request for information under section 179A) insert—

179D Support for persons affected by child’s offence or behaviour

1 The Scottish Ministers must, by regulations, make provision for or in connection with the provision of support services to the persons mentioned in subsection (2).

2 Those persons are—

a persons against whom an offence mentioned in section 179A(1)(a)(i) or (b) appears to have been committed,

b persons who appear to have been harmed by the action or behaviour of a child as mentioned in section 179A(1)(a)(ii),

c where persons mentioned in paragraph (a) or (b) are children, relevant persons in relation to those children,

d any other persons or classes of person the Scottish Ministers may specify in the regulations (subject to any conditions specified in the regulations).

3 Regulations under subsection (1) must, for the purposes of the provision of support services to persons mentioned in subsection (2), establish or specify a person as a single point of contact for those persons.

4 Regulations under subsection (1) may in particular include provision about—

a the support services that may be provided,

b the training and qualifications of the person providing support services,

c the provision of information (including relevant information) to and by the person providing support services, including that information is to be provided in a way that is accessible to the person receiving it,

d the sharing of information with the person providing support services by other persons, including the National Convener, the Principal Reporter, CHS, SCRA, the chief constable of the Police Service of Scotland and local authorities,

e the payment of expenses, fees and allowances to the person providing support services (including who is to be responsible for making such payments).

5 Regulations under subsection (1) may also modify sections 179A to 179C to provide for—

a information mentioned in section 179B(1) to be provided to persons mentioned in subsection (2) without the need for those persons to make a request under section 179A(3) (including the circumstances in which such persons may opt out of receiving such information),

b such information to be given by the Principal Reporter to the person providing support services (either at the same time as, or instead of, to persons mentioned in subsection (2)),

c the circumstances in which such information is to be provided to persons mentioned in subsection (2) by the person providing support services rather than by the Principal Reporter.

6 Before laying a draft of a Scottish statutory instrument containing regulations under subsection (1) before the Scottish Parliament, the Scottish Ministers must consult—

a the Principal Reporter,

b the National Convener,

c persons who are providing support services to persons in relation to offences perpetrated against or in respect of those persons,

d such other persons as the Scottish Ministers consider appropriate.

7 Regulations under subsection (1) are subject to the affirmative procedure.

8 In this section—

“relevant information” includes—
1. information about—
  1. the children’s hearings system (including about the interaction of that system with the criminal justice system),
  2. the action that can be taken by a children’s hearing (including about the measures that can be included in a compulsory supervision order),
  3. the process for reviewing actions taken by a children’s hearing (including the process for reviewing and enforcing compulsory supervision orders), and
2. where regulations under subsection (1) make provision mentioned in subsection (5)(b) or (c), information requested under section 179A(3),
“support services” (other than in subsection (6)(c)) includes the provision of relevant information to persons mentioned in subsection (2) and otherwise has the meaning given in regulations under subsection (1).

^I1010 Support for victims in the children’s hearings system: review and report¶

1 The Scottish Ministers must, as soon as reasonably practicable after the end of each review period—

a review the operation of support services provided, by virtue of regulations under section 179D(1) of the 2011 Act, to persons mentioned in section 179D(2) of that Act, and

b prepare a report on the provision of such support services to those persons.

2 The review must in particular—

a assess the effectiveness of support services by reference to, among other things, the number of, and feedback from, persons to whom those services are provided,

b identify the steps (if any) that the Scottish Ministers consider should be taken as a result of that assessment.

3 In carrying out the review, the Scottish Ministers must consult—

a the National Convener of Children’s Hearings Scotland,

b the Principal Reporter,

c the single point of contact established or specified by virtue of section 179D(3) of the 2011 Act,

d each local authority,

e persons who are providing support services to persons in relation to offences perpetrated against or in respect of those persons,

f such other persons as the Scottish Ministers consider appropriate.

4 The report prepared under subsection (1)(b) must be—

a laid before the Scottish Parliament, and

b published in such manner as the Scottish Ministers consider appropriate.

5 In this section—

“review period” means the period of 2 years beginning with the day on which regulations under section 179D(1) of the 2011 Act first come into force and each subsequent period of 2 years,
“support services” has the same meaning as in section 179D(8) of the 2011 Act.

^I1111 Supervision or guidance post-18¶

1 The 2011 Act is amended as follows.

2 In section 138 (powers of children’s hearing on review)—

a in subsection (6), after paragraph (a)—

i “and” is repealed,

ii insert—

b after subsection (7) insert—

Part 2 Criminal justice and procedure¶

Involvement of children in criminal proceedings: general¶

^I12^I72^I97^I11312 Meaning of “child”¶

1 The Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”) is amended as follows.

2 In section 307 (interpretation), in subsection (1), for the definition of “child” substitute—

^I1313 Offences against children to which special provisions apply¶

1 The 1995 Act is amended as follows.

2 In schedule 1 (offences against children under the age of 17 years to which special provisions apply)—

a in each of paragraphs 1D, 2A, 2B, 2C, 3, 4 and 4A, “under the age of 17 years” is repealed,

b in the heading, “under the age of 17 years” is repealed.

3 In section 46 (presumption and determination of age of child)—

a in subsection (5), paragraph (b) and “or” immediately preceding it are repealed,

b in subsection (6), for “17” substitute “18”,

c subsection (7) is repealed.

Prosecution of children¶

^I1414 Prosecution of children over age of criminal responsibility¶

1 The 1995 Act is amended as follows.

2 In section 42 (prosecution of children), in subsection (1), “but under 16 years” is repealed.

Safeguards for children involved in criminal proceedings¶

^I15^I11415 Custody of children before commencement of proceedings¶

1 The Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) is amended as follows.

2 In section 22 (under 18s to be kept in place of safety prior to court), in subsection (1), for paragraph (b) substitute—

3 In section 23 (notice to parent that under 18 to be brought before court)—

a in subsection (1), for “16 years of age or over and subject to a supervision order or under 16” substitute “under 18”,

b in subsection (4), the definition of “supervision order” is repealed.

4 In section 24 (notice to local authority that under 18 to be brought before court)—

a in subsection (1), in paragraph (a), for “either subsection (2) or (3)” substitute “subsection (2)”,

b for subsection (2) substitute—

c subsection (3) is repealed.

5 In section 33 (consent to interview without solicitor)—

a in subsection (1), for “Subsections (2) and (3) apply” substitute “Subsection (2) applies”,

b in subsection (2)—

i in paragraph (a), for “16” substitute “18”,

ii paragraph (b) is repealed,

iii in paragraph (c), for “16” substitute “18”,

c subsections (3), (4) and (5) are repealed.

6 In section 38 (right to have intimation sent to other person), in subsection (7)—

a the words from “to ascertain” to the end become paragraph (a),

b after that paragraph insert

7 In section 41 (social work involvement in relation to under 18s)—

a in subsection (1)—

i in paragraph (a), for “the person may be subject to a supervision order” substitute “person to be under 18 years of age”,

ii paragraph (b) and “or” immediately preceding it are repealed,

b after that subsection insert—

1A Intimation of the following facts must also be sent to a local authority—

a where the person in custody declines to exercise the right to have intimation sent under section 38, that fact,

b where the person in custody requests under section 39(3)(b) that the person to whom intimation is to be sent under section 38 is not asked to attend at the place where the person in custody is being held, that fact,

c where the person in custody requests under section 39(6)(b) that no further attempt to send intimation under section 38 is made, that fact,

d where the person to whom intimation is sent under section 38—

i does not access the person in custody by virtue of the person in custody not wishing that person to have access by virtue of section 40(2), or

ii is refused access to the person in custody or has such access restricted by virtue of section 40(4),

that fact.

c in subsection (2)—

i in the opening words, after “subsection (1)” insert “or (1A)”,

ii paragraph (a) is repealed,

iii in paragraph (b)—

A sub-paragraph (i) and “and” following it are repealed,

B in sub-paragraph (ii), “(having regard to the effect of subsection (4)(a))” is repealed,

d in subsection (4), paragraph (a) and “and” following it are repealed,

e subsections (7) and (8) are repealed,

f in subsection (9), for “The local authority” substitute “A local authority sent intimation under subsection (1) or (1A)”,

g subsection (10) is repealed.

^I16^I11516 Steps to safeguard welfare and safety of children in criminal proceedings¶

1 The 1995 Act is amended as follows.

2 In section 50 (children and certain proceedings), after subsection (6) insert—

3 After section 70A insert—

Children

70B Solemn proceedings against children

1 Where solemn proceedings are brought in respect of an offence alleged to have been committed by a child, the court may sit either in a different building or room from that in which it usually sits or on different days from those on which other courts in the building are engaged in criminal proceedings.

2 Where solemn proceedings are brought in respect of an offence alleged to have been committed by a child, the court may direct that no person is to be present at any sitting for the purposes of such proceedings except—

a members and officers of the court,

b parties to the case before the court, their solicitors and counsel, jurors, witnesses and other persons directly concerned in that case,

c bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings,

d such other persons as the court may specially authorise to be present.

3 A court sitting for the purpose of hearing a charge against, or an application relating to, a person who is believed to be a child may, if it thinks fit, proceed with the hearing and determination of the charge or application even though it is discovered that the person in question is not a child.

4 Where solemn proceedings are brought in respect of an offence alleged to have been committed by a child who is charged jointly with a person who is not a child, the court must, in considering whether to take the steps mentioned in subsection (1) or to make a direction as mentioned in subsection (2), have regard to the rights of the person with whom the child is jointly charged to effectively participate in the proceedings.

4 In section 142 (summary proceedings against children), in subsection (5), at the end insert “: but see section 142A”.

5 After that section insert—

142A Summary proceedings where child accused along with an adult

1 Where summary proceedings are brought in respect of an offence alleged to have been committed by a child who is charged jointly with a person who is not a child, the sheriff may sit either in a different building or room from that in which the sheriff usually sits or on different days from those on which other courts in the building are engaged in criminal proceedings.

2 Where summary proceedings are brought in respect of an offence alleged to have been committed by a child who is charged jointly with a person who is not a child, the sheriff may direct that no person is to be present at any sitting for the purposes of such proceedings except—

a members and officers of the court,

b parties to the case before the court, their solicitors and counsel, and witnesses and other persons directly concerned in that case,

c bona fide representatives of news gathering or reporting organisations present for the purpose of the preparation of contemporaneous reports of the proceedings,

d such other persons as the sheriff may specially authorise to be present.

3 A sheriff sitting summarily for the purpose of hearing a charge against, or an application relating to, a person who is believed to be a child may, if the sheriff thinks fit, proceed with the hearing and determination of the charge or application even though it is discovered that the person in question is not a child.

4 Subsections (3) and (4) of section 142 apply to summary proceedings to which this section applies as they apply to such proceedings to which section 142 applies.

5 The sheriff must, in considering whether to take the steps mentioned in subsection (1) or to make a direction as mentioned in subsection (2), have regard to the rights of the person with whom the child is jointly charged to effectively participate in the proceedings.

Remit to children’s hearing from criminal courts¶

^I1717 Referral or remit to Principal Reporter of children guilty of offences¶

1 The 1995 Act is amended as follows.

2 In section 49 (reference or remit to children’s hearing)—

a for subsections (1) to (3) substitute—

1 Where a child is charged summarily with an offence and pleads guilty to, or is found guilty of, the offence, the court—

a must—

i request the Principal Reporter to arrange a children’s hearing for the purposes of obtaining their advice as to the treatment of the child, or

ii remit the case to the Principal Reporter to arrange for the disposal of the case by a children’s hearing,

b may, where subsection (1C) applies, dispose of the case itself.

1A Where a child pleads guilty to, or is found guilty of, an offence in solemn proceedings in the sheriff court, the court may—

a request the Principal Reporter to arrange a children’s hearing for the purposes of obtaining their advice as to the treatment of the child,

b remit the case to the Principal Reporter to arrange for the disposal of the case by a children’s hearing, or

c subject to subsection (1B), dispose of the case itself.

1B Before disposing of the case itself, the court must, unless it determines that it is not in the interests of justice to do so, or where subsection (1C) applies, request advice as mentioned in subsection (1A)(a).

1C The court need not request advice as mentioned in subsection (1)(a)(i) or, as the case may be, (1B) or remit the case to the Principal Reporter as mentioned in subsection (1)(a)(ii) where—

a the child is within 6 months of attaining the age of 18 years, and

b the court considers that it would not be practicable in the circumstances to do so.

1D Where a child pleads guilty to, or is found guilty of, an offence in solemn proceedings in the High Court, the court may—

a request the Principal Reporter to arrange a children’s hearing for the purposes of obtaining their advice as to the treatment of the child,

b remit the case to the Principal Reporter to arrange for the disposal of the case by a children’s hearing, or

c dispose of the case itself.

1E Where the court requests advice as mentioned in subsection (1)(a)(i), (1A)(a) or, as the case may be, (1D)(a), it may, after consideration of the advice received from the children’s hearing—

a remit the case to the Principal Reporter to arrange for the disposal of the case by a children’s hearing, or

b dispose of the case itself.

1F Where section 51A of the Firearms Act 1968 or section 29 of the Violent Crime Reduction Act 2006 applies, the court may not remit a case as mentioned in subsection (1)(a)(ii), (1A)(b), (1D)(b) or, as the case may be, (1E)(a) but must dispose of the case itself.

b in subsection (4)—

i after “Subject” insert “to subsections (4A), (4B) and (4C) and”,

ii for “subsection (1)(a) above or (7)(b) below,” substitute “subsection (1)(a)(ii), (1A)(b), (1D)(b) or (1E)(a),”,

c after subsection (4) insert—

4A Where the offence to which the child pleads guilty, or of which the child is found guilty, is an offence to which section 26, 34, 35 or 44 of the Road Traffic Offenders Act 1988 applies, that section continues to apply despite the case being remitted for disposal by a children’s hearing as mentioned in subsection (1)(a)(ii), (1A)(b), (1D)(b) or, as the case may be, (1E)(a).

4B Where the offence to which the child pleads guilty, or of which the child is found guilty, is an offence listed in schedule 3 of the Sexual Offences Act 2003, section 80 of that Act continues to apply, despite the case being remitted for disposal by a children’s hearing as mentioned in subsection (1)(a)(ii), (1A)(b), (1D)(b) or, as the case may be, (1E)(a), to the extent that its application does not depend on a determination by the court that—

a there was a significant sexual aspect to the child’s behaviour in committing the offence,

b it is appropriate for the child to be regarded, for the purposes of Part 2 of that Act, to be a person who has committed the offence, or

c it is appropriate that Part 2 of that Act should apply in relation to the child.

4C Where the offence to which the child pleads guilty, or of which the child is found guilty, is an offence in relation to which the court would be entitled, under section 234A, or obliged, under section 234AZA, to make a non-harassment order, those sections continue to apply despite the case being remitted for disposal by a children’s hearing as mentioned in subsection (1)(a)(ii), (1A)(b), (1D)(b) or, as the case may be, (1E)(a).

d subsections (6) and (7) are repealed.

Remand, committal and detention of children¶

^I18^I7318 Remand and committal of children before trial or sentence¶

1 The 1995 Act is amended as follows.

2 In section 51 (remand and committal of children and young persons)—

a in subsection (1)—

i in paragraph (a), for “16” substitute “18”,

ii paragraph (aa) is repealed,

b in paragraph (b), for “16” to the end substitute “18 years, the court may commit the person to a young offenders institution,”,

c in subsection (4A), for “paragraphs (a) or (aa)” substitute “paragraph (a)”,

d subsection (5) is repealed,

e after that subsection insert—

^I19^I7419 Detention of children on conviction¶

1 The 1995 Act is amended as follows.

2 In section 44 (detention of children)—

a in subsection (1)—

i for “residential accommodation provided under Part 2 of the Children (Scotland) Act 1995 by the appropriate local authority” substitute “a residential establishment”,

ii for “the local authority” substitute “the appropriate local authority”,

b in subsection (5), “made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament” is repealed,

c after that subsection insert—

d in subsection (6), for “residential accommodation” substitute “a residential establishment”,

e in subsection (8)—

i for “accommodation provided by the authority which released him” substitute “establishment from which the child was released”,

ii for second “accommodation” substitute “establishment”,

iii for “accommodation provided by that” substitute “establishment chosen by the appropriate local”,

f in subsection (9)—

i for “residential accommodation provided” substitute “a residential establishment chosen”,

ii in each of paragraphs (a) and (b), for “residential accommodation” substitute “a residential establishment”,

g in subsection (11), for the definition of “secure accommodation” substitute—

3 In section 205 (punishment for murder), in subsection (2)—

a for “under the age of 18 years” substitute “a child”,

b after “place” insert “(in any part of the United Kingdom)”,

c after “may” insert “, subject to section 208A,”.

4 In section 207 (detention of young offenders), in subsection (2), for “16” substitute “18”.

5 In section 208 (detention of children convicted on indictment), in subsection (1)—

a after “place” insert “(in any part of the United Kingdom)”,

b after second “may” insert “, subject to section 208A,”.

6 After section 208 insert—

208A Detention of children under sections 205(2) and 208(1)

1 This section applies where a child is sentenced—

a to be detained without limit of time under section 205(2), or

b to be detained under section 208(1).

2 The Scottish Ministers may not direct under section 205(2) or, as the case may be, 208(1) that a child be detained in a prison or a young offenders institution.

3 The Scottish Ministers may direct that a child be detained in secure accommodation.

4 The Scottish Ministers may by regulations make provision about the detention in secure accommodation of children to whom this section applies.

5 Regulations under subsection (4) may, in particular, make provision about the circumstances in which such children may remain in secure accommodation despite attaining the age of 18 years (provided that no person may remain in such accommodation after attaining the age of 19 years).

6 Regulations under subsection (4) are subject to the affirmative procedure.

7 In this section, “secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011.

7 In section 216 (fines: restriction on imprisonment for default), after subsection (7) insert—

Mental health disposals for convicted children¶

^I2020 Hospital directions¶

1 The 1995 Act is amended as follows.

2 In section 59A (hospital directions)—

a in subsection (1), “, not being a child,” is repealed,

b in subsection (10), after the definition of “medical treatment” insert—

Places where children can no longer be detained¶

^I21^I7521 Meanings of “young offenders institution” and “young offender”¶

1 The Prisons (Scotland) Act 1989 (“the 1989 Act”) is amended as follows.

2 In section 19 (remand centres and young offenders institutions), in subsection (1)(b), for second “offenders” to the end substitute “persons not less than 18 but under 21 years of age—

3 The Prisons and Young Offenders Institutions (Scotland) Rules 2011 (S.S.I. 2011/331) are amended as follows.

4 In rule 2(1) (interpretation), in paragraph (a) of the definition of “young offender”, for “16” substitute “18”.

^I22^I7622 Abolition of remand centres¶

1 The 1989 Act is amended as follows.

2 In section 19 (remand centres and young offenders institutions)—

a in subsection (1), paragraph (a) and “and” immediately following it are repealed,

b subsection (2) is repealed,

c in subsection (4)—

i “remand centres,” is repealed,

ii “centres or” is repealed,

d in subsection (6), “remand centres,” is repealed,

e in the section title, for “Remand centres and young” substitute “Young”.

Local authority duties in relation to detained children¶

^I23^I7723 Duty of local authority to provide residential establishments for detained children¶

1 The Social Work (Scotland) Act 1968 is amended as follows.

2 In section 59 (provision of residential and other establishments by local authorities), in subsection (1)—

a for second “under” substitute “conferred under or by virtue of”,

b after “1995 (c.36)” insert “, the Criminal Procedure (Scotland) Act 1995”.

^I24^I7824 Children detained in secure accommodation to be treated as “looked after” children¶

1 The Children (Scotland) Act 1995 is amended as follows.

2 After section 17 insert—

3 The Children and Young People (Scotland) Act 2014 is amended as follows.

4 In section 97 (interpretation), in subsection (2), for “section 17(6)” substitute “sections 17(6) and 17A(2)”.

Part 3 Secure transportation¶

^I25^I10525 Standards for provision of secure transportation¶

1 The Children and Young People (Scotland) Act 2014 is amended as follows.

2 After section 90 insert—

Part 16A Secure transportation

90A Secure transportation: duty of Scottish Ministers to prepare and publish standards

1 The Scottish Ministers must prepare and publish standards applicable to any service (a “secure transportation service”) which consists of or includes providing secure transportation—

a for persons—

i who have not attained the age of 19 years, and

ii in relation to whom the taking to or the placing, keeping or detention in secure accommodation is authorised or required under or by virtue of a relevant enactment, and

b for the purpose of transporting those persons to or from secure accommodation.

2 The standards—

a must include the minimum standards to be met by a provider of a secure transportation service which may, in particular, relate to—

i the manner in which, and the extent to which, the service provider is to have regard to the rights of the persons mentioned in subsection (1)(a) who require to be transported to or from secure accommodation,

ii the establishment of measures and procedures to prevent or minimise a risk of a serious incident occurring,

iii the establishment of measures and procedures to deal with, and prevent the recurrence of, a serious incident,

iv the circumstances in which restraint or control of persons mentioned in subsection (1)(a) who require to be transported to or from secure accommodation may or may not be appropriate,

v the provision of training and support to staff to ensure the safe transportation of the persons mentioned in subsection (1)(a) to or from secure accommodation,

b may include such further provision in connection with the provision of a secure transportation service as the Scottish Ministers consider appropriate.

3 The Scottish Ministers may make different provision for different kinds of secure transportation service.

4 The Scottish Ministers—

a must publish the first standards under subsection (1) no later than one year after the day on which section 25 of the Children (Care and Justice) (Scotland) Act 2024 comes into force,

b must keep the standards published under subsection (1) under review,

c may, under subsection (1), publish revised standards whenever they consider it appropriate to do so, and

d must lay a copy of the first published standards, and any published revised standards, before the Scottish Parliament.

5 Before publishing the standards or any revised standards under subsection (1), the Scottish Minsters must consult such persons as they consider appropriate.

6 In this section—

“relevant enactment” means the following enactments—
1. the Children (Scotland) Act 1995,
2. the Criminal Procedure (Scotland) Act 1995,
3. the Adoption and Children (Scotland) Act 2007,
4. the Children’s Hearings (Scotland) Act 2011,
“secure accommodation” has the meaning given by section 202(1) of the Children’s Hearings (Scotland) Act 2011,
“secure transportation” means transportation which provides such additional security and support measures as are required to prevent or minimise a risk—
1. to the health, safety or welfare of a person mentioned in subsection (1)(a) who is being transported to or from secure accommodation,
2. which that person may pose to the safety of any other person,
“serious incident” includes an incident involving a person mentioned in subsection (1)(a)—
1. absconding or attempting to abscond,
2. suffering harm (including self-harm) or ill-health (whether physical or mental),
3. causing harm to another person, or
4. causing (whether directly or indirectly) damage to property,
whilst being transported to or from secure accommodation.

7 The Scottish Ministers may by regulations modify the definition of “relevant enactment” in subsection (6) by—

a adding an enactment,

b removing an enactment for the time being listed in it,

c varying a reference to an enactment for the time being listed in it.

90B Secure transportation: duty of providers to meet standards

1 The provider of a secure transportation service must meet the applicable standards.

2 The persons mentioned in subsection (3) must, when making arrangements with another person for the provision of a secure transportation service, ensure that the service meets the applicable standards.

3 The persons are—

a a local authority,

b the Scottish Ministers.

4 The Scottish Ministers may by regulations modify subsection (3) by—

a adding a person or description of persons,

b removing a person or description of persons for the time being listed in it,

c varying a description of a person for the time being listed in it.

5 In this section and in section 90C—

“applicable standards” means the standards, or (as the case may be) any revised standards, published under section 90A(1) which apply to the secure transportation service being provided,
“secure transportation service” has the meaning given by section 90A(1).

90C Secure transportation: reports

1 Subsection (2) applies where a relevant person has, during the reporting period—

a provided a secure transportation service,

b made arrangements with another person for the provision of a secure transportation service.

2 The relevant person must, as soon as reasonably practicable (and in any event no later than 3 months) after the end of the reporting period—

a prepare a report on—

i how the relevant person monitored the secure transportation service provided or arranged by the relevant person to ensure that the service met the applicable standards during the reporting period,

ii the extent to which the service met the applicable standards during the reporting period,

b publish the report, and

c send a copy of the report to the Scottish Ministers.

3 Reports prepared under subsection (2) are to be published in such manner as the relevant person considers appropriate (and, in particular, reports may be published together with, or as part of, any other report or document).

4 The Scottish Ministers must, as soon as reasonably practicable (and in any event no later than 6 months) after the end of the reporting period—

a prepare a report (“the consolidated report”) on—

i how the relevant persons to whom subsection (1) applies have ensured that the secure transportation services provided or arranged by those relevant persons have met the applicable standards during the reporting period,

ii the extent to which those services met the applicable standards during the reporting period,

b publish the consolidated report in such manner as the Scottish Ministers consider appropriate, and

c lay a copy of the consolidated report before the Scottish Parliament.

5 Where the Scottish Ministers have provided or made arrangements for the provision of a secure transportation service during the reporting period, the consolidated report must include a report on—

a how the Scottish Ministers monitored the service to ensure it met the applicable standards during the reporting period,

b the extent to which the service met the applicable standards during the reporting period.

6 The consolidated report may include such other information as the Scottish Ministers consider appropriate.

7 The Scottish Ministers may by regulations prescribe information that reports prepared under subsection (2) must contain.

8 In this section—

“relevant person” means a local authority,
“reporting period” means—
1. the period of 3 years beginning with the day on which section 25 of the Children (Care and Justice) (Scotland) Act 2024 comes into force, and
2. each subsequent period of 3 years until a date specified in regulations made by the Scottish Ministers.

9 The Scottish Ministers may by regulations modify the definition of “relevant person” in subsection (8) by—

a adding a person or description of persons,

b removing a person or description of persons for the time being mentioned in it,

c varying a description of a person for the time being mentioned in it.

3 In section 99 (subordinate legislation)—

a in subsection (1), after “order” insert “or regulations”,

b in subsection (2)—

i after “order” insert “or (as the case may be) regulations”,

ii after “section 71(5)(b)” insert—

c in subsection (4), after “order” insert “or regulations”.

Part 4 Residential and secure care¶

^I2626 Meaning of “secure accommodation”¶

1 The 2011 Act is amended as follows.

2 In section 202 (interpretation), in subsection (1)—

a in the definition of “secure accommodation”—

i in the opening words, “accommodation provided for the purpose of restricting the liberty of children which” is repealed,

ii for paragraph (a) substitute—

iii in paragraph (b), for “in England,” substitute “in relation to England, accommodation provided for the purpose of restricting the liberty of children which”,

iv in paragraph (c), for “in Wales,” substitute “in relation to Wales, accommodation provided for the purpose of restricting the liberty of children which”,

b after the definition of “secure accommodation authorisation” insert—

^I2727 Secure accommodation services¶

1 The Public Services Reform (Scotland) Act 2010 (“the 2010 Act”) is amended as follows.

2 After section 78 insert—

78A Regulations: approval of secure accommodation services

1 Regulations may make provision about the approval of secure accommodation services by the Scottish Ministers under paragraph 6(c) of schedule 12.

2 Regulations under subsection (1) may, in particular, make provision about—

a the making of applications for such approval, including—

i the categories of applicant who cannot competently make an application,

ii the form and content of applications,

iii the information to be provided in connection with applications,

iv the modification of applications,

b the procedure to be followed by the Scottish Ministers when making decisions on applications, including—

i the criteria to be applied,

ii the matters to be taken into account or disregarded,

iii the notification of decisions,

iv the giving of reasons for decisions,

c the duration of approvals,

d the attaching of conditions to approvals,

e the variation of any conditions attached to approvals,

f the review of approvals,

g the renewal of approvals,

h the withdrawal of approvals,

i appeals against decisions to—

i attach conditions to approvals,

ii vary conditions attached to approvals,

iii refuse or withdraw approvals.

3 Regulations under subsection (1) must include provision requiring the Scottish Ministers, before approving a secure accommodation service, to be satisfied that the service will ensure that a child is not placed in the same residential establishment as another child where—

a in proceedings under the Children’s Hearings (Scotland) Act 2011, it has been established that—

i the child has committed an offence against or in respect of the other child, or

ii the child has acted or behaved in a way that has had, or is likely to have had, a serious adverse effect on the health, safety or development of the other child, or

b in criminal proceedings, the child has pled guilty to, or been found guilty of, having committed an offence against or in respect of the other child.

3 In section 104 (orders and regulations: procedure), in subsection (2), for “or 78” substitute “, 78 or 78A”.

4 In schedule 12 (care services: definitions), for paragraph 6 substitute—

6 A “secure accommodation service” is a service which—

a provides accommodation in a residential establishment for the purpose of depriving children of their liberty,

b also provides, in such an establishment, appropriate care, education and support—

i for the purposes of safeguarding and promoting the welfare of the children who are accommodated there, and

ii that takes account of the effects of trauma which the children may have experienced,

c is approved by the Scottish Ministers, in accordance with regulations made under section 78A, for those purposes.

6A In paragraph 6(a), “residential establishment” has the meaning given by section 105(1).

6B In paragraph 6(b), “appropriate care, education and support” means the kind of care, education and support required to meet the health, educational and other needs of the children.

5 The Social Care and Social Work Improvement Scotland (Requirements for Care Services) Regulations 2011 (S.S.I. 2011/210) are amended as follows.

6 In regulation 10 (fitness of premises), paragraph (3) is revoked.

^I2828 Regulation of care services providing residential accommodation to children¶

^I1061 The 2010 Act is amended as follows.

2 In section 50 (standards and outcomes)—

a after subsection (1) insert—

b in subsection (2), after “subsection (1)” insert “or (1A)”,

c in subsection (3), after “subsection (1)” insert “or (1A)”,

d in subsection (4), for “subsection (1)” substitute “subsections (1) and (1A)”,

e in subsection (5), for “subsection (1)” substitute “subsections (1) and (1A)”,

f at the end of subsection (7) insert “or (1A).”.

^I1063 After section 59 insert—

59A Further provision in relation to registration of certain care services

1 This section applies to an application made under section 59(1) for registration of any of the following care services—

a a care home service which is to be provided wholly or mainly to children,

b a school care accommodation service,

c a secure accommodation service.

2 In addition to giving the information mentioned in section 59(2), the application must—

a give such information as may be prescribed about matters relating to cross-border placements,

b confirm that notice of the application has been given in the prescribed form to the persons mentioned in subsection (3), who are responsible for preparing a children’s services plan in accordance with Part 3 of the Children and Young People (Scotland) Act 2014 (“the 2014 Act”).

3 Those persons are—

a the local authority for each area in which the service is to be provided, and

b the relevant health board (as defined by section 7(1) of the 2014 Act) for each such area.

4 If an application does not include the confirmation required by subsection (2)(b), SCSWIS may not consider the application until such confirmation is given.

4 In section 78 (regulations: care services), after subsection (2) insert—

^I1065 In section 105 (interpretation of Part 5), in subsection (1)—

a in paragraph (c) of the definition of “child”, after “purposes of” insert “sections 50(1A) and (1B), 59A and 78(2A) and (2B) and”,

b after the definition of “condition notice” insert—

c after the definition of “relative” insert—

^I29^I10729 Cross-border placements: effect of orders made outwith Scotland¶

1 The 2011 Act is amended as follows.

2 In section 190 (effect of orders made outwith Scotland)—

a in subsection (1), for “as if it were such an order” substitute “in Scotland”,

b for subsection (2) substitute—

2 Regulations under subsection (1) may in particular—

a provide that a non-Scottish order is to have such effect only—

i in specified circumstances,

ii for specified purposes,

iii subject to specified conditions,

b provide that a non-Scottish order is—

i to have effect as if it were a compulsory supervision order, or

ii to have such other effect as may be specified,

c include provision—

i requiring specified persons to provide or share specified information,

ii requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a non-Scottish order,

iii requiring specified persons to meet the costs incurred in relation to, or as a consequence of, giving effect to a non-Scottish order in Scotland,

iv in connection with the safeguarding and promotion of the welfare of a child who is the subject of a non-Scottish order,

d make provision for or in connection with—

i the monitoring of whether any condition specified by virtue of paragraph (a)(iii) is being met in relation to a non-Scottish order,

ii the consequences of such a specified condition not being met,

iii the monitoring of whether any requirement imposed is being complied with in relation to a non-Scottish order (where compliance with the requirement is not a condition specified by virtue of paragraph (a)(iii)),

iv the consequences of failing to comply with such a requirement.

2A Regulations under subsection (1)—

a may modify any enactment in its application by virtue of the regulations to a non-Scottish order, including—

i the Social Work (Scotland) Act 1968,

ii the Children (Scotland) Act 1995,

iii this Act,

b are subject to the affirmative procedure.

^I30^I10830 Regulation of cross-border placements¶

1 The Children (Scotland) Act 1995 is amended as follows.

2 After section 33 insert—

33A Regulation of cross-border placements

1 The Scottish Ministers may by regulations make provision in relation to cross-border placements.

2 Regulations under subsection (1) may in particular include provision—

a requiring specified persons to provide or share specified information,

b requiring specified persons to provide, or make arrangements for the provision of, any services which are needed to support a child who is the subject of a cross-border placement,

c requiring specified persons to meet the costs incurred in relation to, or as a consequence of, a cross-border placement,

d requiring a cross-border placement to be kept under review,

e in connection with the safeguarding and promotion of the welfare of a child who is the subject of a cross-border placement.

3 Regulations under subsection (1)—

a may modify any enactment in its application by virtue of the regulations to a cross-border placement, including—

i the Social Work (Scotland) Act 1968,

ii this Act,

b may make any incidental, supplementary, consequential, transitional, transitory or saving provision that the Scottish Ministers consider appropriate for the purposes of, in connection with or for giving full effect to the regulations,

c are subject to the affirmative procedure.

4 In this section, “cross-border placement” means the placement of a child in a residential establishment in Scotland where—

a the child was, immediately before the placement, resident in England, Wales or Northern Ireland, and

b the placement is authorised under the law in England and Wales or, as the case may be, in Northern Ireland by virtue of—

i an order made by a court in England and Wales or in Northern Ireland,

ii any provision made by or under an Act of Parliament, an Act of Senedd Cymru, or Northern Ireland legislation (as defined by section 98(1) of the Northern Ireland Act 1998), whenever passed or made.

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

^I3131 Antisocial behaviour orders relating to children¶

1 The Antisocial Behaviour etc. (Scotland) Act 2004 is amended as follows.

2 In section 13 (sheriff’s power to make parenting order), in subsection (3), in the definition of “parent”, for “has the meaning” substitute “and “child” have the meanings”.

3 In section 18 (interpretation of Part 2), for the definition of “child” substitute—

^I32^I9832 Named person and child’s plan¶

In the Children and Young People (Scotland) Act 2014, the following provisions are repealed—

a Part 4 and schedule 2, and

b Part 5 and schedule 3.

Part 6 UNCRC compatibility issues in criminal proceedings¶

^I7033 UNCRC compatibility issues in relation to decisions to prosecute children¶

1 The 1995 Act is amended as follows.

2 After section 288B insert—

288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies

1 This section applies where—

a by virtue of section 7(1)(b) of the UNCRC Incorporation Act, a UNCRC compatibility issue has arisen—

i in criminal proceedings brought against a person who is a child, or who was a child at the time the proceedings were brought,

ii otherwise than in connection with an appeal against conviction or an appeal against both conviction and sentence,

b in determining the UNCRC compatibility issue, a court finds that the prosecutor, by bringing criminal proceedings against the person, has acted in a way which is made unlawful by section 6(1) of the UNCRC Incorporation Act, and

c by reason only of the finding mentioned in paragraph (b), a court is considering—

i deserting the proceedings pro loco et tempore or simpliciter, or

ii dismissing the indictment or (as the case may be) the complaint or any part of it.

2 Despite section 8(1) of the UNCRC Incorporation Act, a court—

a may not—

i desert the proceedings pro loco et tempore or simpliciter, except on the motion of the prosecutor, or

ii dismiss the indictment or (as the case may be) the complaint or any part of it, but

b must instead—

i give the prosecutor an opportunity to reconsider the bringing of criminal proceedings against the person in a way which is compatible with the UNCRC requirements,

ii adjourn or continue the proceedings to another diet to allow such reconsideration, and

iii following any such reconsideration, decide whether the bringing of criminal proceedings against the person is compatible with the UNCRC requirements.

3 But a court is not required to act in accordance with subsection (2) if—

a it considers that there is no reasonable prospect of the bringing of criminal proceedings against the person being reconsidered in a way which is compatible with the UNCRC requirements,

b it considers that there are exceptional circumstances which justify not doing so, or

c it decides under subsection (2)(b)(iii) that the bringing of criminal proceedings against the person is incompatible with the UNCRC requirements.

4 Subsection (5) applies where—

a the court adjourns or continues the proceedings in accordance with subsection (2)(b)(ii), or

b by virtue of subsection (3), the court decides to desert the proceedings pro loco et tempore.

5 Before adjourning or continuing the proceedings or (as the case may be) deserting the proceedings pro loco et tempore, the court must give the prosecutor an opportunity—

a in solemn proceedings, to make an application under section 65(3) or (5) for an extension of any of the following periods which apply in respect of the proceedings—

i the periods of 11 months and 12 months mentioned in section 65(1), including those periods as extended under section 65(3), on appeal under section 65(8) or under section 74(4)(c),

ii the periods of 80 days, 110 days and 140 days mentioned in section 65(4), including those periods as extended under section 65(5) or on appeal under section 65(8),

b in summary proceedings in respect of which the period of 40 days mentioned in section 147(1) applies, to make an application under section 147(2) for an extension of that period, including that period as extended under section 147(2) or on appeal under section 147(3).

6 For the purposes of subsection (1)(a)(i), the proceedings are taken to be brought—

a in solemn proceedings, on the date on which the indictment is served,

b in summary proceedings—

i in a case where a warrant to apprehend or cite the accused is granted, on the date on which the warrant is granted, or

ii in any other case, on the date on which the complaint is served.

7 In this section—

“prosecutor” does not include a private prosecutor,
“the UNCRC requirements” has the meaning given in section 1(2) of the UNCRC Incorporation Act,
“UNCRC compatibility issue” means a question of the kind mentioned in section 288AB(1)(b),
“UNCRC Incorporation Act” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.

3 The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 is amended as follows.

4 In section 8 (judicial remedies), after subsection (5) insert—

Part 7 Review of Act¶

^I33^I9934 Review of Act¶

1 The Scottish Ministers must, as soon as reasonably practicable after the end of each review period—

a undertake a review of the operation of this Act, and

b prepare a report on that review.

2 The report must, in particular, set out—

a whether sufficient resources are in place for the effective implementation of the Act,

b what steps (if any) the Scottish Ministers intend to take as a result of the findings of the review.

3 The Scottish Ministers must, as soon as reasonably practicable after preparing the report—

a publish the report, and

b lay the report before the Scottish Parliament.

4 For the purposes of this section, “review period” means—

a the period of one year beginning with the day of Royal Assent,

b each subsequent period of one year.

Part 8 Final provisions¶

^I3435 Ancillary provision¶

1 The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.

2 Regulations under subsection (1) may modify any enactment (including this Act).

3 Regulations under subsection (1)—

a are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act),

b otherwise, are subject to the negative procedure.

^I3536 Interpretation¶

In this Act—

“1989 Act” means the Prisons (Scotland) Act 1989,
“1995 Act” means the Criminal Procedure (Scotland) Act 1995,
“2010 Act” means the Public Services Reform (Scotland) Act 2010,
“2011 Act” means the Children’s Hearings (Scotland) Act 2011,
“2016 Act” means the Criminal Justice (Scotland) Act 2016.

^I36^I79^I100^I10937 Modification of enactments¶

The schedule makes further modifications of enactments in consequence of this Act.

^I3738 Commencement¶

1 This section and sections 35, 36 and 39 come into force on the day after Royal Assent.

2 Section 33 comes into force on whichever is the later of—

a the day after Royal Assent,

b 16 July 2024.

3 The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

4 Regulations under subsection (3) may—

a include transitional, transitory or saving provision,

b make different provision for different purposes.

^I3839 Short title¶

The short title of this Act is the Children (Care and Justice) (Scotland) Act 2024.

Schedule ¶

Minor and consequential modifications

Introduced by section 37

Part 1 Children’s hearings system¶

^I391 Children’s Hearings (Scotland) Act 2011¶

1 The 2011 Act is amended as follows.

2 In section 73 (child’s duty to attend children’s hearing), in subsection (3)(b), for “physical, mental or moral welfare” substitute “health, safety or development”.

3 In section 103 (child’s duty to attend hearing unless excused), in subsection (3)(b), for “physical, mental or moral welfare” substitute “health, safety or development”.

Part 2 Age of Criminal Responsibility¶

^I402 Age of Criminal Responsibility (Scotland) Act 2019¶

1 The Age of Criminal Responsibility (Scotland) Act 2019 is amended as follows.

2 In section 39 (limitation on police questioning of certain children), in subsection (3), the definition of “child” is repealed.

3 In section 58 (limitation on taking prints and samples from children under 12), subsection (6)(b) is repealed.

4 In section 76 (interpretation of Part 4), the definition of “child” is repealed.

5 In section 80 (interpretation), in the definition of “child”, for “16 years of age (except where provided otherwise: see section 39(3))” substitute “18 years of age”.

Part 3 Offences against children to which special provisions apply¶

^I413 Criminal Procedure (Scotland) Act 1995¶

1 The 1995 Act is amended as follows.

2 In section 48 (power to refer certain children to the reporter), in subsection (2)(c), for “17” substitute “18”.

3 In section 50 (children and certain proceedings), in subsection (5)—

a for “person under the age of 17 years” substitute “child”,

b for second “person” substitute “child”.

^I424 Children’s Hearings (Scotland) Act 2011¶

1 The 2011 Act is amended as follows.

2 In section 67 (meaning of “section 67 ground”), in subsection (6), in the definition of “schedule 1 offence”, “under 17 years of age” is repealed.

^I435 National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004¶

In the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (S.S.I. 2004/115), in regulation 5(2)(h), “under the age of 17 years” is revoked.

^I446 Adoptions with a Foreign Element (Scotland) Regulations 2009¶

In the Adoptions with a Foreign Element (Scotland) Regulations 2009 (S.S.I. 2009/182), in paragraph 2 of schedule 1, “under the age of 17 years” is revoked.

Part 4 Remit to children’s hearing from criminal courts¶

^I457 Criminal Procedure (Scotland) Act 1995¶

1 The 1995 Act is amended as follows.

2 In section 106 (right of appeal in solemn proceedings), in subsection (1)(da), for “49(1)(a)” substitute “49(1)(a)(ii), (1A)(b), (1D)(b) or (1E)(a)”.

3 In section 108 (Lord Advocate’s right of appeal against disposal), in subsection (1)(f), for “49(1)(a)” substitute “49(1)(a)(ii), (1A)(b), (1D)(b) or (1E)(a)”.

4 In section 175 (right of appeal in summary proceedings)—

a in subsection (1)(ca), for “49(1)(a) or (7)(b)” substitute “49(1)(a)(ii), (1A)(b), (1D)(b) or (1E)(a)”,

b in subsection (4)(f), for “49(1)(a) or (7)(b)” substitute “49(1)(a)(ii), (1A)(b), (1D)(b) or (1E)(a)”.

Part 5 Criminal procedure: miscellaneous modifications¶

^I46^I808 Social Work (Scotland) Act 1968¶

1 The Social Work (Scotland) Act 1968 is amended as follows.

2 In section 27(1) (supervision and care of persons put on probation or released from prisons etc.), in paragraph (b)(vb), for “16” substitute “18”.

^I47^I819 Prisoners and Criminal Proceedings (Scotland) Act 1993¶

1 The Prisoners and Criminal Proceedings (Scotland) Act 1993 is amended as follows.

2 In section 7 (children detained in solemn proceedings)—

a in subsection (2A), “in a young offenders institution” is repealed,

b for subsection (2C) substitute—

^I48^I8210 Criminal Procedure (Scotland) Act 1995¶

1 The 1995 Act is amended as follows.

2 In section 205ZC (terrorism sentence with fixed licence period), in subsection (4), for “16” substitute “18”.

3 In section 245A (restriction of liberty orders), in subsection (11A), for “under 16 years of age” substitute “a child”.

4 In section 248D (extension of disqualification where sentence of imprisonment also imposed), in subsection (10), in the definition of “sentence of imprisonment”, for “residential accommodation” substitute “a residential establishment”.

^I49^I8311 Antisocial Behaviour etc. (Scotland) Act 2004¶

1 The Antisocial Behaviour etc. (Scotland) Act 2004 is amended as follows.

2 In section 111 (restriction on reporting proceedings relating to parenting orders), in subsection (6), for “(1)(a)” substitute “(1A)(a)”.

Part 6 Abolition of remand centres¶

^I50^I8412 Children and Young Persons (Scotland) Act 1937¶

1 The Children and Young Persons (Scotland) Act 1937 is amended as follows.

2 Section 62 (power of Secretary of State to send certain juvenile offenders to approved schools) is repealed.

^I51^I8513 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980¶

1 The Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 is amended as follows.

2 In schedule 1 (ineligibility for and disqualification and excusal from jury service), in Group B of Part 1, in paragraph (o), “, remand centres” and “, borstal institutions” are repealed.

^I52^I8614 Prisons (Scotland) Act 1989¶

1 The 1989 Act is amended as follows.

2 In section 20 (temporary detention of persons liable to detention in young offenders institution or remand centre)—

a “or remand centre” is repealed,

b in the section title, “or remand centre” is repealed.

3 In section 20A (transfer of young offenders to prison or remand centre)—

a in subsection (2)—

i “or remand centre” is repealed,

ii the words from“, but” to the end are repealed,

b in subsection (3), “or remand centre” is repealed,

c in the section title, “or remand centre” is repealed.

4 In section 37 (discontinuance of prison), in subsection (2), “remand centre or” is repealed.

5 In section 39 (rules for the management of prisons and other institutions), in subsection (1), “, remand centres” is repealed.

6 In section 40 (arrest of and rules for absent prisoners)—

a in subsection (1), “or remand centre” is repealed,

b in subsection (2), “or remand centre” in each place is repealed.

^I53^I8715 Criminal Law (Consolidation) (Scotland) Act 1995¶

1 The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

2 In section 49C (offence of having offensive weapon etc. in prison), in subsection (7), paragraph (b) is repealed.

^I54^I8816 Criminal Procedure (Scotland) Act 1995¶

1 The 1995 Act is amended as follows.

2 In section 51 (remand and committal of children and young persons), subsection (2A) is repealed.

3 In section 144 (procedure at first diet), in subsection (6), “, remand centre” is repealed.

4 In section 285 (previous convictions: proof, general), in subsection (4), “or of a remand centre” is repealed.

5 In section 307 (interpretation), in subsection (1), in the definition of “place of safety”, “, prison or remand centre,” is repealed.

^I55^I8917 Prisoners’ Earnings Act 1996¶

1 The Prisoners’ Earnings Act 1996 is amended as follows.

2 In section 4 (interpretation), in subsection (3), in the definition of “prisoner”, “or remand centre” is repealed.

^I56^I9018 Housing (Scotland) Act 2006¶

1 The Housing (Scotland) Act 2006 is amended as follows.

2 In section 126 (HMOs exempt from licensing requirement), in subsection (1), in paragraph (d), for “, a young offenders institution or a remand centre” substitute “or a young offenders institution”.

^I57^I9119 Protection of Vulnerable Groups (Scotland) Act 2007¶

1 The Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows.

2 In schedule 2 (as substituted by section 74(3) and schedule 3 of the Disclosure (Scotland) Act 2020), paragraph 31, in the definition of “prison”, for “, young offenders institution or remand centre” substitute “or young offenders institution”.

3 In schedule 3 (as substituted by section 74(4) and schedule 4 of the Disclosure (Scotland) Act 2020), in paragraph 24, in the definition of “prison”, for “, young offenders institution or remand centre” substitute “or young offenders institution”.

^I58^I9220 Community Justice (Scotland) Act 2016¶

1 The Community Justice (Scotland) Act 2016 is amended as follows.

2 In section 37 (interpretation), in subsection (1), in the definition of “penal institution”, paragraph (b) is repealed.

^I59^I9321 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016¶

1 The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.

2 In section 2 (mandatory inquiries), in subsection (7), in the definition of “penal institution”, paragraph (b) is repealed.

Part 7 Local authority duties in relation to detained children¶

^I60^I9422 Social Work (Scotland) Act 1968¶

1 The Social Work (Scotland) Act 1968 is amended as follows.

2 In section 5 (powers of Scottish Ministers), in subsection (1B)(f), for “section 51” substitute “sections 44, 51 and 216”.

^I61^I9523 Public Services Reform (Scotland) Act 2010¶

1 The 2010 Act is amended as follows.

2 In schedule 13 (social work services functions: specified enactments), “Section 51 of the Criminal Procedure (Scotland) Act 1995 (c. 46)” is repealed.

Part 8 Secure accommodation¶

^I6224 Representation of the People Act 1983¶

1 The Representation of the People Act 1983 is amended as follows.

2 In section 7B (notional residence: declarations of local connection), in subsection (2C)(b), for the definition of “secure accommodation” substitute—

^I6325 Protection of Vulnerable Groups (Scotland) Act 2007¶

1 The Protection of Vulnerable Groups (Scotland) Act 2007 is amended as follows.

2 In schedule 2 (as substituted by section 74(3) and schedule 3 of the Disclosure (Scotland) Act 2020)—

a in each of the following paragraphs, “for children” is repealed—

i paragraph 3(1), in paragraph (c)(i) of the definition of “responsible person”,

ii paragraph 20, in the second place where it occurs,

iii paragraph 21,

b in paragraph 31, for the definition of “secure accommodation for children” substitute—

^I6426 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016¶

1 The Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 is amended as follows.

2 In section 2 (mandatory inquiries), in subsection (7), for the definition of “secure accommodation” substitute—

^I65^I11027 Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022¶

1 The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 (S.S.I. 2022/225) are amended as follows.

2 In each of the following paragraphs of regulation 13 (application and modifications of the Act), for “Children’s Hearings (Scotland) Act 2011 (Effect of Deprivation of Liberty Orders)” substitute “Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland)”—

a paragraph (3)(b),

b paragraph (4),

c paragraph (12)—

i sub-paragraph (a), in paragraph (a) of the definition of “implementation authority”,

ii sub-paragraph (c), in the definition of “receiving local authority”.

Part 9 Named person and child’s plan¶

^I66^I10128 Human Trafficking and Exploitation (Scotland) Act 2015¶

1 The Human Trafficking and Exploitation (Scotland) Act 2015 is amended as follows.

2 In section 12 (presumption of age), in subsection (3), paragraphs (d) and (e) are repealed.

^I67^I10229 Criminal Justice (Scotland) Act 2016¶

1 The 2016 Act is amended as follows.

2 Sections 107 and 108 are repealed.

^I68^I10330 Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014¶

1 The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014 (S.S.I. 2014/344) are amended as follows.

2 In schedule 1 (functions prescribed for the purposes of section 1(6) of the Public Bodies (Joint Working) (Scotland) Act 2014), the entry relating to the Children and Young People (Scotland) Act 2014 (inserted by the Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/15)) is revoked.

^I69^I10431 Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2016¶

The Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/15) are revoked.

Footnotes

I1
S. 1 not in force at Royal Assent, see s. 38(3)
I2
S. 2 not in force at Royal Assent, see s. 38(3)
I3
S. 3 not in force at Royal Assent, see s. 38(3)
I4
S. 4 not in force at Royal Assent, see s. 38(3)
I5
S. 5 not in force at Royal Assent, see s. 38(3)
I6
S. 6 not in force at Royal Assent, see s. 38(3)
I7
S. 7 not in force at Royal Assent, see s. 38(3)
I8
S. 8 not in force at Royal Assent, see s. 38(3)
I9
S. 9 not in force at Royal Assent, see s. 38(3)
I10
S. 10 not in force at Royal Assent, see s. 38(3)
I11
S. 11 not in force at Royal Assent, see s. 38(3)
I12
S. 12 not in force at Royal Assent, see s. 38(3)
I13
S. 13 not in force at Royal Assent, see s. 38(3)
I14
S. 14 not in force at Royal Assent, see s. 38(3)
I15
S. 15 not in force at Royal Assent, see s. 38(3)
I16
S. 16 not in force at Royal Assent, see s. 38(3)
I17
S. 17 not in force at Royal Assent, see s. 38(3)
I18
S. 18 not in force at Royal Assent, see s. 38(3)
I19
S. 19 not in force at Royal Assent, see s. 38(3)
I20
S. 20 not in force at Royal Assent, see s. 38(3)
I21
S. 21 not in force at Royal Assent, see s. 38(3)
I22
S. 22 not in force at Royal Assent, see s. 38(3)
I23
S. 23 not in force at Royal Assent, see s. 38(3)
I24
S. 24 not in force at Royal Assent, see s. 38(3)
I25
S. 25 not in force at Royal Assent, see s. 38(3)
I26
S. 26 not in force at Royal Assent, see s. 38(3)
I27
S. 27 not in force at Royal Assent, see s. 38(3)
I28
S. 28 not in force at Royal Assent, see s. 38(3)
I29
S. 29 not in force at Royal Assent, see s. 38(3)
I30
S. 30 not in force at Royal Assent, see s. 38(3)
I31
S. 31 not in force at Royal Assent, see s. 38(3)
I32
S. 32 not in force at Royal Assent, see s. 38(3)
I33
S. 34 not in force at Royal Assent, see s. 38(3)
I34
S. 35 in force at 5.6.2024, see s. 38(1)
I35
S. 36 in force at 5.6.2024, see s. 38(1)
I36
S. 37 not in force at Royal Assent, see s. 38(3)
I37
S. 38 in force at 5.6.2024, see s. 38(1)
I38
S. 39 in force at 5.6.2024, see s. 38(1)
I39
Sch. para. 1 not in force at Royal Assent, see s. 38(3)
I40
Sch. para. 2 not in force at Royal Assent, see s. 38(3)
I41
Sch. para. 3 not in force at Royal Assent, see s. 38(3)
I42
Sch. para. 4 not in force at Royal Assent, see s. 38(3)
I43
Sch. para. 5 not in force at Royal Assent, see s. 38(3)
I44
Sch. para. 6 not in force at Royal Assent, see s. 38(3)
I45
Sch. para. 7 not in force at Royal Assent, see s. 38(3)
I46
Sch. para. 8 not in force at Royal Assent, see s. 38(3)
I47
Sch. para. 9 not in force at Royal Assent, see s. 38(3)
I48
Sch. para. 10 not in force at Royal Assent, see s. 38(3)
I49
Sch. para. 11 not in force at Royal Assent, see s. 38(3)
I50
Sch. para. 12 not in force at Royal Assent, see s. 38(3)
I51
Sch. para. 13 not in force at Royal Assent, see s. 38(3)
I52
Sch. para. 14 not in force at Royal Assent, see s. 38(3)
I53
Sch. para. 15 not in force at Royal Assent, see s. 38(3)
I54
Sch. para. 16 not in force at Royal Assent, see s. 38(3)
I55
Sch. para. 17 not in force at Royal Assent, see s. 38(3)
I56
Sch. para. 18 not in force at Royal Assent, see s. 38(3)
I57
Sch. para. 19 not in force at Royal Assent, see s. 38(3)
I58
Sch. para. 20 not in force at Royal Assent, see s. 38(3)
I59
Sch. para. 21 not in force at Royal Assent, see s. 38(3)
I60
Sch. para. 22 not in force at Royal Assent, see s. 38(3)
I61
Sch. para. 23 not in force at Royal Assent, see s. 38(3)
I62
Sch. para. 24 not in force at Royal Assent, see s. 38(3)
I63
Sch. para. 25 not in force at Royal Assent, see s. 38(3)
I64
Sch. para. 26 not in force at Royal Assent, see s. 38(3)
I65
Sch. para. 27 not in force at Royal Assent, see s. 38(3)
I66
Sch. para. 28 not in force at Royal Assent, see s. 38(3)
I67
Sch. para. 29 not in force at Royal Assent, see s. 38(3)
I68
Sch. para. 30 not in force at Royal Assent, see s. 38(3)
I69
Sch. para. 31 not in force at Royal Assent, see s. 38(3)
I70
S. 33 in force at 16.7.2024, see s. 38(2)
I71
S. 1 in force at 28.8.2024 for specified purposes by S.S.I. 2024/211, reg. 2(a) (with reg. 3)
I72
S. 12 in force at 28.8.2024 for specified purposes by S.S.I. 2024/211, reg. 2(b) (with reg. 3)
I73
S. 18 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(c) (with reg. 3)
I74
S. 19 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(d) (with reg. 3)
I75
S. 21 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(e) (with reg. 3)
I76
S. 22 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(f) (with reg. 3)
I77
S. 23 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(g) (with reg. 3)
I78
S. 24 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(h) (with reg. 3)
I79
S. 37 in force at 28.8.2024 for specified purposes by S.S.I. 2024/211, reg. 2(i) (with reg. 3)
I80
Sch. para. 8 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3)
I81
Sch. para. 9 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3)
I82
Sch. para. 10 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3)
I83
Sch. para. 11 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(i) (with reg. 3)
I84
Sch. para. 12 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I85
Sch. para. 13 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I86
Sch. para. 14 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I87
Sch. para. 15 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I88
Sch. para. 16 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I89
Sch. para. 17 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I90
Sch. para. 18 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I91
Sch. para. 19 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I92
Sch. para. 20 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I93
Sch. para. 21 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(ii) (with reg. 3)
I94
Sch. para. 22 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(iii) (with reg. 3)
I95
Sch. para. 23 in force at 28.8.2024 by S.S.I. 2024/211, reg. 2(j)(iii) (with reg. 3)
I96
S. 1 in force at 5.5.2025 for specified purposes by S.S.I. 2025/115, reg. 2(1)(a)
I97
S. 12 in force at 5.5.2025 for specified purposes by S.S.I. 2025/115, reg. 2(1)(b)
I98
S. 32 in force at 5.5.2025 by S.S.I. 2025/115, reg. 2(1)(c)
I99
S. 34 in force at 5.5.2025 by S.S.I. 2025/115, reg. 2(1)(d)
I100
S. 37 in force at 5.5.2025 for specified purposes by S.S.I. 2025/115, reg. 2(1)(e)
I101
Sch. para. 28 in force at 5.5.2025 by S.S.I. 2025/115, reg. 2(1)(f)
I102
Sch. para. 29 in force at 5.5.2025 by S.S.I. 2025/115, reg. 2(1)(f)
I103
Sch. para. 30 in force at 5.5.2025 by S.S.I. 2025/115, reg. 2(1)(f)
I104
Sch. para. 31 in force at 5.5.2025 by S.S.I. 2025/115, reg. 2(1)(f)
I105
S. 25 in force at 1.9.2025 by S.S.I. 2025/115, reg. 2(2)(a)
I106
S. 28(1)(3)(5) in force at 1.9.2025 by S.S.I. 2025/115, reg. 2(2)(b)
I107
S. 29 in force at 1.9.2025 by S.S.I. 2025/115, reg. 2(2)(c)
I108
S. 30 in force at 1.9.2025 by S.S.I. 2025/115, reg. 2(2)(d)
I109
S. 37 in force at 1.9.2025 for specified purposes by S.S.I. 2025/115, reg. 2(2)(e)
I110
Sch. para. 27 in force at 1.9.2025 by S.S.I. 2025/115, reg. 2(2)(f)
I111
S. 9 in force at 15.12.2025 by S.S.I. 2025/379, reg. 2(1)
I112
S. 1 in force at 30.3.2026 for specified purposes by S.S.I. 2025/379, reg. 2(2)(a)
I113
S. 12 in force at 30.3.2026 for specified purposes by S.S.I. 2025/379, reg. 2(2)(b)
I114
S. 15 in force at 30.3.2026 by S.S.I. 2025/379, reg. 2(2)(c)
I115
S. 16 in force at 30.3.2026 by S.S.I. 2025/379, reg. 2(2)(d)

Children (Care and Justice) (Scotland) Act 2024

Part 1 Children’s hearings system¶

I1I71I96I1121 Age of referral to children’s hearing¶

I22 Children’s hearing: duty to have due regard to effects of trauma on child¶

I33 Child assessment and child protection measures: secure accommodation¶

I44 Compulsory supervision orders: directions authorising restriction of liberty¶

I55 Compulsory supervision orders: prohibitions¶

I66 Compulsory supervision orders: movement restriction conditions¶

I77 Compulsory supervision orders: secure accommodation authorisations¶

I88 Provision of information to person affected by child's offence or behaviour¶

I9I1119 Support for victims in the children’s hearings system¶

I1010 Support for victims in the children’s hearings system: review and report¶

I1111 Supervision or guidance post-18¶

Part 2 Criminal justice and procedure¶

Involvement of children in criminal proceedings: general¶

I12I72I97I11312 Meaning of “child”¶

I1313 Offences against children to which special provisions apply¶

Prosecution of children¶

I1414 Prosecution of children over age of criminal responsibility¶

Safeguards for children involved in criminal proceedings¶

I15I11415 Custody of children before commencement of proceedings¶

I16I11516 Steps to safeguard welfare and safety of children in criminal proceedings¶

Remit to children’s hearing from criminal courts¶

I1717 Referral or remit to Principal Reporter of children guilty of offences¶

Remand, committal and detention of children¶

I18I7318 Remand and committal of children before trial or sentence¶

I19I7419 Detention of children on conviction¶

Mental health disposals for convicted children¶

I2020 Hospital directions¶

Places where children can no longer be detained¶

I21I7521 Meanings of “young offenders institution” and “young offender”¶

I22I7622 Abolition of remand centres¶

Local authority duties in relation to detained children¶

I23I7723 Duty of local authority to provide residential establishments for detained children¶

I24I7824 Children detained in secure accommodation to be treated as “looked after” children¶

Part 3 Secure transportation¶

I25I10525 Standards for provision of secure transportation¶

Part 4 Residential and secure care¶

I2626 Meaning of “secure accommodation”¶

I2727 Secure accommodation services¶

I2828 Regulation of care services providing residential accommodation to children¶

I29I10729 Cross-border placements: effect of orders made outwith Scotland¶

I30I10830 Regulation of cross-border placements¶

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

I3131 Antisocial behaviour orders relating to children¶

I32I9832 Named person and child’s plan¶

Part 6 UNCRC compatibility issues in criminal proceedings¶

I7033 UNCRC compatibility issues in relation to decisions to prosecute children¶

Part 7 Review of Act¶

I33I9934 Review of Act¶

Part 8 Final provisions¶

I3435 Ancillary provision¶

I3536 Interpretation¶

I36I79I100I10937 Modification of enactments¶

I3738 Commencement¶

I3839 Short title¶

Schedule ¶

Minor and consequential modifications

Part 1 Children’s hearings system¶

I391 Children’s Hearings (Scotland) Act 2011¶

Part 2 Age of Criminal Responsibility¶

I402 Age of Criminal Responsibility (Scotland) Act 2019¶

Part 3 Offences against children to which special provisions apply¶

I413 Criminal Procedure (Scotland) Act 1995¶

I424 Children’s Hearings (Scotland) Act 2011¶

I435 National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004¶

I446 Adoptions with a Foreign Element (Scotland) Regulations 2009¶

Part 4 Remit to children’s hearing from criminal courts¶

I457 Criminal Procedure (Scotland) Act 1995¶

Part 5 Criminal procedure: miscellaneous modifications¶

I46I808 Social Work (Scotland) Act 1968¶

I47I819 Prisoners and Criminal Proceedings (Scotland) Act 1993¶

I48I8210 Criminal Procedure (Scotland) Act 1995¶

I49I8311 Antisocial Behaviour etc. (Scotland) Act 2004¶

Part 6 Abolition of remand centres¶

I50I8412 Children and Young Persons (Scotland) Act 1937¶

I51I8513 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980¶

I52I8614 Prisons (Scotland) Act 1989¶

I53I8715 Criminal Law (Consolidation) (Scotland) Act 1995¶

I54I8816 Criminal Procedure (Scotland) Act 1995¶

^I1^I71^I96^I1121 Age of referral to children’s hearing¶

^I22 Children’s hearing: duty to have due regard to effects of trauma on child¶

^I33 Child assessment and child protection measures: secure accommodation¶

^I44 Compulsory supervision orders: directions authorising restriction of liberty¶

^I55 Compulsory supervision orders: prohibitions¶

^I66 Compulsory supervision orders: movement restriction conditions¶

^I77 Compulsory supervision orders: secure accommodation authorisations¶

^I88 Provision of information to person affected by child's offence or behaviour¶

^I9^I1119 Support for victims in the children’s hearings system¶

^I1010 Support for victims in the children’s hearings system: review and report¶

^I1111 Supervision or guidance post-18¶

^I12^I72^I97^I11312 Meaning of “child”¶

^I1313 Offences against children to which special provisions apply¶

^I1414 Prosecution of children over age of criminal responsibility¶

^I15^I11415 Custody of children before commencement of proceedings¶

^I16^I11516 Steps to safeguard welfare and safety of children in criminal proceedings¶

^I1717 Referral or remit to Principal Reporter of children guilty of offences¶

^I18^I7318 Remand and committal of children before trial or sentence¶

^I19^I7419 Detention of children on conviction¶

^I2020 Hospital directions¶

^I21^I7521 Meanings of “young offenders institution” and “young offender”¶

^I22^I7622 Abolition of remand centres¶

^I23^I7723 Duty of local authority to provide residential establishments for detained children¶

^I24^I7824 Children detained in secure accommodation to be treated as “looked after” children¶

^I25^I10525 Standards for provision of secure transportation¶

^I2626 Meaning of “secure accommodation”¶

^I2727 Secure accommodation services¶

^I2828 Regulation of care services providing residential accommodation to children¶

^I29^I10729 Cross-border placements: effect of orders made outwith Scotland¶

^I30^I10830 Regulation of cross-border placements¶

^I3131 Antisocial behaviour orders relating to children¶

^I32^I9832 Named person and child’s plan¶

^I7033 UNCRC compatibility issues in relation to decisions to prosecute children¶

^I33^I9934 Review of Act¶

^I3435 Ancillary provision¶

^I3536 Interpretation¶

^I36^I79^I100^I10937 Modification of enactments¶

^I3738 Commencement¶

^I3839 Short title¶

^I391 Children’s Hearings (Scotland) Act 2011¶

^I402 Age of Criminal Responsibility (Scotland) Act 2019¶

^I413 Criminal Procedure (Scotland) Act 1995¶

^I424 Children’s Hearings (Scotland) Act 2011¶

^I435 National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004¶

^I446 Adoptions with a Foreign Element (Scotland) Regulations 2009¶

^I457 Criminal Procedure (Scotland) Act 1995¶

^I46^I808 Social Work (Scotland) Act 1968¶

^I47^I819 Prisoners and Criminal Proceedings (Scotland) Act 1993¶

^I48^I8210 Criminal Procedure (Scotland) Act 1995¶

^I49^I8311 Antisocial Behaviour etc. (Scotland) Act 2004¶

^I50^I8412 Children and Young Persons (Scotland) Act 1937¶

^I51^I8513 Law Reform (Miscellaneous Provisions) (Scotland) Act 1980¶

^I52^I8614 Prisons (Scotland) Act 1989¶

^I53^I8715 Criminal Law (Consolidation) (Scotland) Act 1995¶

^I54^I8816 Criminal Procedure (Scotland) Act 1995¶

^I55^I8917 Prisoners’ Earnings Act 1996¶

^I56^I9018 Housing (Scotland) Act 2006¶

^I57^I9119 Protection of Vulnerable Groups (Scotland) Act 2007¶

^I58^I9220 Community Justice (Scotland) Act 2016¶

^I59^I9321 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016¶

^I60^I9422 Social Work (Scotland) Act 1968¶

^I61^I9523 Public Services Reform (Scotland) Act 2010¶

^I6224 Representation of the People Act 1983¶

^I6325 Protection of Vulnerable Groups (Scotland) Act 2007¶

^I6426 Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016¶

^I65^I11027 Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022¶

^I66^I10128 Human Trafficking and Exploitation (Scotland) Act 2015¶

^I67^I10229 Criminal Justice (Scotland) Act 2016¶

^I68^I10330 Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Regulations 2014¶

^I69^I10431 Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2016¶