Children (Care and Justice) (Scotland) Bill: child rights and wellbeing impact assessment

Footnotes

1. There may be occasions where children are deprived of their liberty in other locked settings in certain circumstances such as hospitals where the child has a mental disorder under the Criminal Procedure (Scotland) Act 1995. Overall however, children will never be able to be remanded or sentenced to YOIs or prisons.

2. Currently section 142(1) Criminal Procedure (Scotland) Act 1995 (legislation.gov.uk) directs that where summary proceedings are brought in respect of an offence alleged to have been committed by a child, no person shall 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; and (d) such other persons as the court may specially authorise to be present.

3. Children-aged-12-to-15-years-offending.pdf (scra.gov.uk)

4. CRC/C/GC/24: Para 76.

5. Bernburg, J. & Krohn, M. (2003) 'Labelling, life chances, and adult crime: The direct and indirect effects of official intervention in adolescence on crime in early adulthood', Criminology (Beverly Hills), 41(4).

6. For UK criticism see the Committee on the Rights of the Child Concluding observations on the fifth periodic report of the United Kingdom of Great Britain and Northern Ireland

7. General Comment No. 24 (201x), replacing General Comment No. 10 (2007) Children's rights in juvenile justice

8. For a summary of evidence in respect of the children's hearings system see CYPCS Older Children in Conflict with the Law

9. Independent Care Review - The Promise and HMIPS - Year of Childhood Pre-inspection Survey 2021 | HMIPS (prisonsinspectoratescotland.gov.uk)

10. Currently section 142(1) Criminal Procedure (Scotland) Act 1995 (legislation.gov.uk) directs that where summary proceedings are brought in respect of an offence alleged to have been committed by a child, no person shall 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; and (d) such other persons as the court may specially authorise to be present.

11. The Christian Institute and others (Appellants) v The Lord Advocate (Respondent) (Scotland) - The Supreme Court)

12. United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill – Bills (proposed laws) – Scottish Parliament | Scottish Parliament Website

13. Childrens-Hearing-16-17-FINAL.pdf (cypcs.org.uk)

14. Use and impact of bail and remand in Scotland with children - Children and Young People's Centre for Justice (cycj.org.uk) 13 December 2020

15. Independent Care Review – The root and branch review of Scotland's care system.

16. The-Promise.pdf (carereview.scot)

17. Scottish Parliament official report Official Report (parliament.scot)

18. Report on Expert Review of Provision of Mental Health Services at HMP YOI Polmont | HMIPS (prisonsinspectoratescotland.gov.uk); Rights Respecting? Scotland's approach to children in conflict with the law - Children's and Young People's Centre for Justice (cycj.org.uk); UN GLOBAL STUDY ON CHILDREN DEPRIVED OF LIBERTY (2019) · Omnibook

19. Including The United Nations Convention on the Rights of the Child and General Comment No. 24 (201x), replacing General Comment No. 10 (2007) Children's rights in juvenile justice

20. Scottish Prison Population SPS Prison Population

21. Scottish Prison Population SPS Prison Population

22. Prosecution of young people: report

23. Preventing offending: getting it right for children and young people - gov.scot (www.gov.scot)

24. Children-aged-12-to-15-years-offending.pdf (scra.gov.uk)

25. CYCJ research on children in police custody is forthcoming

26. Efforts have been made to address this, for example through the coproduction of materials like CYCJ-Know-Your-Rights-Guide-WEB.pdf

27. For a summary see CYPCS Older Children in Conflict with the Law

28. As above

29. 'It's knowing the right things to say and do': challenges and opportunities for trauma‐informed practice in the prison context — University of Strathclyde

30. CARM Launch: Care and Risk Management (CARM) in Practice - Children and Young People's Centre for Justice (cycj.org.uk)

31. What's in a name? The identification of children in trouble with the law — AYJ, Alliance for Youth Justice

32. Older Children in Conflict with the Law. Rights Respecting? Scotland's approach to children in conflict with the law - Children's and Young People's Centre for Justice (cycj.org.uk)

33. Improving victims' experiences of the justice system: consultation - The Children and Young People's Commissioner Scotland (cypcs.org.uk)

34. 'Rights respecting' report calls for Scottish youth justice reform - Children and Young People's Centre for Justice (cycj.org.uk) 30 January 2020

35. Introduction - Improving victims' experiences of the justice system: consultation - gov.scot (www.gov.scot)

36. Scottish Government's Policy Position Paper on Cross-border Placements of Children and Young People - The Children and Young People's Commissioner Scotland (cypcs.org.uk) Feb 22

Supplementary evidence - The Cross-border Placements (Effect of Deprivation of Liberty Orders) (Scotland) Regulations 2022 - The Children and Young People's Commissioner Scotland (cypcs.org.uk)

37. For more information see Mental Health and Wellbeing of Young People in Custody: Evidence Review - Enlighten: Publications (gla.ac.uk)