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
This Bill was passed and is now an Act of the Scottish Parliament.
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.
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.
Children (Care and Justice) (Scotland) Bill as introduced (2MB, pdf) posted 13 December 2022
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
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
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
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
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.
The lead committee for this Bill is the Education, Children and Young People Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
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.
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:
Response from the Convener to the Lord Advocate, 21 August 2023
Letter from Minister for Children and Young People and Keeping the Promise, 21 July 2023
Letter from the Lord Advocate to the Children (Care and Justice) (Scotland) Bill report 27 June 2023
Letter from the Minister for Children, Young People and Keeping the Promise to the Convener, 20 June 2023
Follow up information CYPCS, 30 March 2023
See a full list of Stage 1 correspondence
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
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Criminal Justice Committee published its report on 12 May 2023.
Note of informal session held on 19 April 2023 (124KB, pdf) posted 11 May 2023
Read the Official Report of the meeting
The Delegated Powers and Law Reform Committee published its report on 22 March 2023.
Letter from the Clerk to the Scottish Government, 23 February 2023
See a full list of Stage 1 correspondence
Result 84 for, 0 against, 28 abstained, 17 did not vote Vote Passed
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 22 June 2023
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.
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.
Read the Official Report of the meeting
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
Read the agenda, papers and minutes for this meeting
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
Read the agenda, papers and minutes for this meeting
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
Read the agenda, papers and minutes for this meeting
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Letter from the Cabinet Secretary for Justice and Home Affairs, 16 April 2024
Letter from the Minister for Children, Young People and Keeping the Promise, 28 March 2024
Letter from the Minister for Children, Young People and Keeping The Promise, 20 February 2024
Letter from the Convener to the Minister for Children, Young People and Keeping the Promise 8 February 2024
Letter from the Minister for Children, Young People and Keeping the Promise, 11 January 2024
See a full list of Stage 2 correspondence
Children (Care and Justice) (Scotland) Bill as amended at Stage 2 (3MB, pdf) posted 07 February 2024
Revised Explanatory Notes (436KB, pdf) posted 17 April 2024
Supplementary Financial Memorandum (216KB, pdf) posted 01 March 2024
Supplementary Delegated Powers Memorandum (186KB, pdf) posted 06 March 2024
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
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 7 February 2024
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.
Read additional research done by the Scottish Parliament on the Bill
Briefing on the Children (Care and Justice) (Scotland) Bill prior to Stage 3
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
Read the Official Report of the meeting
Watch the meeting on Scottish Parliament TV
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 71 for, 49 against, 0 abstained, 9 did not vote Vote Passed
See further details of the motion
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
The Bill was passed on 25 April 2024 and became an Act on 4 June 2024.