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Committee Reports
Aithisgean Chomataidh
Research Briefings
Brathan-ullachaidh Rannsachadh
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Ais-eòlas
Published by The Scottish Parliamentary Corporate Body
Stage 1 Report for Children (Care and Justice) (Scotland) Bill
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Published: Tuesday 13 Jun 2023 (ECYPS062023R4)
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Membership changes
Introduction
Purpose of the Bill
Scrutiny
Part 1
Section 1: Age of referral to a children's hearing
Article 1 of the United Nations Convention on the Rights of the Child
Ensuring all 16 and 17 year olds have access to the children's hearings
More effective outcomes
End of the 'cliff edge' at 16
Issues to consider
Older than 18?
Consistency with other legislation
17.5 years rather than 18?
Unintended consequences
More serious offending and complex cases being considered by the Children's Hearings System
Upholding legal rights within the Children's Hearings System
Capacity to cope with increased referrals to the Children's Hearings System
Section 2: Compulsory supervision orders: directions authorising restriction of liberty
Section 3: Compulsory supervision orders: prohibitions
Section 4: Compulsory supervision orders: movement restriction conditions
Section 5: Compulsory supervision orders: secure accommodation authorisations
Section 6: Provision of information to person affected by child's offence and behaviour
Section 7: Supervision or guidance post-18
Part 2
Section 8: Meaning of "child"
Section 9: Offences against children to which special provisions apply
Section 10: Prosecution of children over the age of criminal responsibility
Section 11: Custody of children before commencement of proceedings
Sections 12 and 13: Restrictions on reporting
Section 14: Steps to safeguard welfare and safety of children in criminal proceedings
Section 15: Referral or remit to the Principal Reporter of children guilty of offences
Sections 16 and 17: Detention of children involved in criminal proceedings
Section 18: Meanings of "young offenders institution" and "young offender"
Section 19: Abolition of remand centres
Sections 20 and 21: Local authority duties in relation to detained children
Part 3
Sections 22 and 23: Secure accommodation
Sections 24 and 25: Cross-border placements
Secure transport
Part 4
Section 26: Antisocial behaviour orders relating to children
Section 27: Named person and child's plan
Conclusion
Annex A - Minutes of Meetings
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