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Children (Care and Justice) (Scotland) Bill

The Bill makes changes to the law in relation to the care of children and the involvement of children in the criminal justice system.

This is a Government bill

The Bill became an Act on 4 June 2024

Introduced: the Bill and its documents

Overview

The Bill has four main parts.

The first part changes the definition of “child” in the children’s hearings system from someone under 16 to someone under 18. This part makes some other changes which include offering more guidance for children who turn 18.

The second part makes changes to criminal procedure in relation to children, including the kind of accommodation and safeguarding that is used. This includes stopping children under 18 from going to a young offenders institution (YOI) or prison. It adds restrictions on what information can be reported about a child suspected of a crime. It also makes changes to court and custody arrangements for children.

The third part of the Bill makes changes relating to the regulation of secure accommodation and how it is used. It also alters regulatory requirements around Scottish care placements for children from other parts of the UK.

The fourth part of the Bill is about antisocial behaviour orders, named persons and child’s plans. 

Why the Bill was created

The United Nations Convention on the Rights of Children (UNCRC) says that all people under age 18 are children. The Promise advocated maximising use of the children’s hearings system and ending the detention of children in YOIs. The Scottish Government thinks that children should have age-appropriate support, different to that of adults, when they are in the care and justice system. This Bill was introduced by the Scottish Government to promote those aims.

Accompanying Documents

Explanatory Notes (302KB, pdf) posted 13 December 2022

Policy Memorandum (651KB, pdf) posted 13 December 2022

Financial Memorandum (205KB, pdf) posted 13 December 2022

Delegated Powers Memorandum (172KB, pdf) posted 13 December 2022

Statements on legislative competence (94KB, pdf) posted 13 December 2022 

Accompanying Documents (print versions)

Explanatory Notes (434KB, pdf) posted 13 December 2022

Policy Memorandum (819KB, pdf) posted 13 December 2022

Financial Memorandum (328KB, pdf) posted 13 December 2022

Delegated Powers Memorandum (239KB, pdf) posted 13 December 2022

Statements on legislative competence  (144KB, pdf) posted 13 December 2022

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Children (Care and Justice) (Scotland) Bill


The Bill was introduced on 13 December 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Education, Children and Young People Committee.

Timetable for Stage 1

On 8 February 2023, Parliament agreed motion S6M-07837, that consideration of the Children (Care and Justice) (Scotland) Bill at stage 1 be completed by 23 June 2023.

Call for views (closed)

The Education, Children and Young People Committee held a call for views to help inform its examination of the Bill.

The following links are to responses the Committee received:

Call for views

Survey

BSL survey

Meetings of the lead committee

Correspondence: lead committee

Children (Care and Justice) (Scotland) Bill 21 August 2023

Response from the Convener to the Lord Advocate, 21 August 2023

Financial Memoranda response Children (Care and Justice) (Scotland) Bill

Letter from Minister for Children and Young People and Keeping the Promise, 21 July 2023

Lord Advocate response to the Children (Care and Justice) (Scotland) Bill report

Letter from the Lord Advocate to the Children (Care and Justice) (Scotland) Bill report 27 June 2023

Scottish Government Response to Children (Care and Justice) (Scotland) Bill at Stage 1

Letter from the Minister for Children, Young People and Keeping the Promise to the Convener, 20 June 2023

CYPCS additional submission regarding secure transport

Follow up information CYPCS, 30 March 2023

See a full list of Stage 1 correspondence for this committee

Stage 1 report by the lead committee

The Education, Children and Young People Committee published its report on 13 June 2023.

Children (Care and Justice) (Scotland) Bill Stage 1 Report

The Committee received the following response to its report:

Letter from the Minister for Children, Young People and Keeping the Promise, 20 June 2023

Work by other committees

Criminal Justice Committee

Meetings

Report

The Criminal Justice Committee published its report on 12 May 2023.

Read the report

Engagement

Note of informal session held on 19 April 2023 (124KB, pdf) posted 11 May 2023


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 22 March 2023.

Read the report

Delegated Powers and Law Reform Committee Correspondence

Children (Care and Justice) (Scotland) Bill

Letter from the Clerk to the Scottish Government, 23 February 2023


Meetings of the Finance and Public Administration Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 22 June 2023 to consider and decide on the general principles of the Bill.
  • Motion title: Children (Care and Justice) (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Children (Care and Justice) (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Wednesday, 24 May 2023
  • Motion reference: S6M-09158
  • Current status: Taken in the Chamber on Thursday, 22 June 2023

Result 84 for, 0 against, 28 abstained, 17 did not vote Vote Passed

See further details of the motion


  • Motion title: Children (Care and Justice) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Children (Care and Justice) (Scotland) Bill.
  • Submitted by: Natalie Don-Innes
  • Date lodged: Tuesday, 20 June 2023
  • Motion reference: S6M-09610
  • Current status: Taken in the Chamber on Thursday, 22 June 2023

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 22 June 2023

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Timetable

On 6 September 2023, Parliament agreed motion S6M-10300, that consideration of the Children (Care and Justice) (Scotland) Bill at stage 2 be completed by 15 December 2023.

On 23 November 2023, Parliament agreed motion S6M-11416, that consideration of the Children (Care and Justice) (Scotland) Bill at stage 2 be extended to 9 February 2024.

Meetings of the lead committee

Meetings

First meeting on amendments

Documents with the amendments considered at the meeting held on 24 January 2024.

First Marshalled List of Amendments for Stage 2 (2MB, pdf) posted 19 January 2024

First Groupings of Amendments for Stage 2 (3MB, pdf) posted 19 January 2024

Second meeting on amendments

Documents with the amendments considered at the meeting held on 31 January 2024.

Second Marshalled List of Amendments for Stage 2 (2MB, pdf) posted 26 January 2024

Second Groupings of Amendments for Stage 2 (800KB, pdf) posted 26 January 2024

Third meeting on amendments

Documents with the amendments considered at the meeting held on 7 February 2024.

Third Marshalled List of Amendments for Stage 2 (760KB, pdf) posted 02 February 2024

Third Groupings of Amendments for Stage 2 (682KB, pdf) posted 02 February 2024

Stage 2 Correspondence

Anonymity for deceased child victims

Letter from the Cabinet Secretary for Justice and Home Affairs, 16 April 2024

Children (Care and Justice) Bill

Letter from the Minister for Children, Young People and Keeping the Promise, 28 March 2024

Children (Care and Justice) (Scotland) Bill

Letter from the Minister for Children, Young People and Keeping The Promise, 20 February 2024

Children (Care and Justice) (Scotland) Bill 8 February 2024

Letter from the Convener to the Minister for Children, Young People and Keeping the Promise 8 February 2024

Cross Border Placements 11 January 2024

Letter from the Minister for Children, Young People and Keeping the Promise, 11 January 2024

See a full list of Stage 2 correspondence for this committee

Bill as amended at Stage 2

Revised Documents (print versions)

Revised Explanatory Notes (502KB, pdf) posted 16 April 2024

Supplementary Financial Memorandum (243KB, pdf) posted 28 February 2024

Supplementary Delegated Powers Memorandum (277KB, pdf) posted 28 February 2024

After stage 2

Delegated Powers and Law Reform Committee

Meeting on 26 March 2024

Report published on 4 April 2024

The Bill ended Stage 2 on 7 February 2024

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Scottish Parliament research on the Bill

Read additional research done by the Scottish Parliament on the Bill

Briefing on the Children (Care and Justice) (Scotland) Bill prior to Stage 3

Debates on proposed amendments

Documents with the amendments considered at the meeting held on 24 April 2024.

Marshalled List of Amendments for Stage 3 (910KB, pdf) posted 18 April 2024

Timed Groupings of Amendments for Stage 3 (986KB, pdf) posted 23 April 2024

Final version of the bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Children (Care and Justice) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Children (Care and Justice) (Scotland) Bill be passed.
  • Submitted by: Natalie Don-Innes
  • Date lodged: Tuesday, 23 April 2024
  • Motion reference: S6M-12944
  • Current status: Taken in the Chamber on Thursday, 25 April 2024

Result 71 for, 49 against, 0 abstained, 9 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

Printing changes

Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.

Children (Care and Justice) (Scotland) Bill printing changes after the Bill as passed (90KB, pdf) posted 11 September 2024

The Bill ended Stage 3 on 25 April 2024

Bill becomes an Act

The Bill was passed on 25 April 2024 and became an Act on 4 June 2024.

Read the Act

Children (Care and Justice) (Scotland) Act 2024