Concerns but stage 1 report backs Child Justice Bill

The bill to increase the safeguards and support for children and young people involved in offending behaviour has won the backing of MSPs in its stage 1 report. – but with a number of issues being raised for the Scottish Government to address.

Under the Children (Care and Justice) (Scotland) Bill, most 16- and 17-year-olds in Scotland would be referred to the children’s hearing system, rather than the adult justice system. 

In its report, Holyrood’s Education, Children & Young People Committee concludes that the change could help address underlying issues and stop young people from reoffending. However it urges the Government to work with Children’s Hearings Scotland to set clear targets and timescales to recruit and train more panel members to deal with the increase in referrals resulting from the bill. 

Stakeholders told the committee they were broadly in favour of the changes the bill would introduce. However, although it would raise to 18 the upper age at which a young person can be referred to the hearing system, the committee is concerned that the cut-off age for referrals would effectively be 17 and a half,  which is not in the spirit of the bill and needs to be addressed. 

The bill will still allow for a young person’s offending to be handled by the adult justice system for the most serious crimes and where it is assessed to be in the public interest to prosecute. The committee supports this but calls on the Government to ensure safeguards and measures to help young people better understand and participate in proceedings, whether they are attending a children’s hearing or a court. 

It further insists that updated and full costings be provided ahead of the stage 1 vote. Social work teams in local authorities will play a key role in delivering the reforms, but given the financial pressures that local authorities face, the bill does not have enough information about how the additional work will be funded. 

Regarding the change that would ensure that under-18s are sent to a secure accommodation provider, instead of a young offenders institution or prison, the committee also heard concerns about the financial sustainability of secure care providers, and calls on the Government to investigate urgently how the changes will affect their finances ahead of a planned report on secure care in 2024.

Committee convener Sue Webber MSP commented: "We welcome the changes in this bill that will ensure that 16- and 17-year-olds would have access to the children’s hearing system. 

“As we heard time and again, where a child has committed an offence it’s important to consider why this has happened and we believe, if properly resourced, this bill will help. It will protect children from harm and help find solutions to the problems that may have led to them offending in the first place. But improvements are needed before the bill becomes law. 

“We are alarmed that referral to the children’s hearing system seems to have an effective cut-off at 17.5 years old. This cut-off seems to be based on the length of time it might take for a case to be processed. We want the Scottish Government to address the delays the system appears to face and ensure that support is provided up to 18 years old, as was intended.” 

Find the report here.