I thank the committee for the opportunity to give evidence. I represent the CYCJ, which is a dedicated centre that aims to support improvements to youth justice that will contribute to better lives for individuals, families and communities.
We have had a long-standing interest in disclosure and advocating for change in the disclosure regime, especially in relation to children. We have been heavily involved in the pre-legislative consultation and the development of the bill, and we have facilitated a range of stakeholder engagement events and other events in the development process.
We are involved in supporting the implementation of the Scottish Government’s youth justice strategy. The priority theme of the strategy is about improving life chances, and the issue of disclosure is a key component in that. Through our practice development service, we offer advice and guidance to people in the youth justice sphere, including young people, their families and practitioners. We regularly receive from them queries about disclosure, such as, “What do I need to disclose?”, “How long do I need to disclose it for?” and, “Should I accept offence grounds at a children’s hearing and what might that mean for us?”
I echo the comments that have been made by Alistair Hogg. The CYCJ considers the bill an opportunity for necessary reform of the disclosure system. We see it as offering a progressive step that would provide proportionality and a more individualised process. It would also balance the rights of people with convictions—including children with disclosable information, who should have the ability to move on with their lives—with the duty of public protection.
We especially welcome the measures in the bill that would enable a distinct approach to be taken to childhood conviction information, which would end the automatic disclosure of information for children aged under 18 at the time of the offence. Such information would now be listed separately, and there would be the right to review it.
We see the bill’s approach as being evidence based, which is crucial and is also a key component in a child-friendly disclosure system that promotes children’s rights and supports Scotland’s whole-system approach to children, including those involved in offending. That is vital if we are to reduce the effects of disclosure of childhood conviction information, which we know are potentially devastating and destructive.
We suggest that more could be done in the bill. We welcome the childhood measures and a whole raft of other measures, but we think that further improvements could be made if we are to maximise the opportunity. I am sure that we will discuss those areas. In particular, they relate to the coherence of the different pieces of legislation; other relevant information, or ORI; the review process and how we can maximise the use of that process and the safeguards that are put in place; the suitability of lists in respect of children; and the complexity and support in the disclosure system.