The Children (Care and Justice) (Scotland) Bill aims to improve experiences and outcomes for children by diverting them away from the criminal courts, with maximum use of the welfare-based children’s hearings system and age-appropriate settings.

If passed by Parliament, the legislation will mean:

• 16 and 17-year-olds will no longer be placed in young offenders institutions (whether on pre-trial or pre-sentencing remand, or following sentencing)
  all under-18s can be referred to the children’s hearings system, helping to keep children out of criminal courts, where appropriate
• increased protection and information for victims in cases involving children’s hearings
• new powers for Scottish Ministers to help regulate the placement of children from elsewhere in the UK into secure and residential care in Scotland.

Children’s minister Clare Haughey said: “The bill’s main purpose is to ensure that children up to age 18 who come into contact with care or justice services are dealt with in age-appropriate systems and settings.

“Where children are in conflict with the law, providing the best support to address the causes of their behaviours will help them to reintegrate, rehabilitate and desist from those behaviours. This, in turn, can prevent further harm being caused. The benefits are felt by everyone involved – the child themselves, their family, the person harmed and, ultimately, the wider community.

“Scotland’s Whole System Approach to youth justice has already contributed to significant positive change. Between 2008-09 and 2019-20, there was an 85 per cent reduction in the number of children and young people prosecuted in Scotland’s courts and a 93 per cent reduction in 16 and 17-year-olds being sentenced to custody. As of 2 December, there were only two children in young offenders institutions in Scotland, compared with an average of 16 in 2021-22. This Bill aims to build on this progress.

“This legislation will also help to Keep The Promise to act on the recommendations of the Independent Care Review, which called for reforms on how children and families are treated both in Scotland’s care system and justice system.”