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Chamber and committees

Delegated Powers and Law Reform Committee

Subordinate Legislation Considered by the Delegated Powers and Law Reform Committee on 25 June 2024

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Introduction

  1. At its meeting on 25 June 2024i, the Committee considered the following instrument under its remit and agreed to draw it to the attention of the Parliament:

    • Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (SSI 2024/174).

  1. The Committee's recommendation in relation to this instrument is set out in the next section of this report.

  1. The Committee also determined that, in terms of its remit, it did not need to draw the Parliament's attention to the instruments at the end of the report.

Scrutiny of instruments under the Committee's remit: instruments drawn to the attention of the Parliament

Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024) 2024 (SSI 2024/174)

  1. This instrument is made in consequence of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (“the UNCRC Act”), to amend the rules of court for criminal procedure to take account of the requirements of that Act. The rules that are being amended are in the Act of Adjournal (Criminal Procedure Rules) 1996 (SI 1996/513) (“the Criminal Procedure Rules”).

  1. The key provisions of the instrument:

    • add into Chapter 6 of the Criminal Procedure Rules a requirement that, where a child is participating in criminal proceedings, the court must keep the child informed as to what is happening in simple language suitable to the child’s age and understanding.

    • amend Chapters 40 and 41 of the Criminal Procedure Rules to provide for the raising of UNCRC compatibility issues in criminal proceedings, and to amend the process to enable interventions by:

    - the Commissioner for Children and Young People in Scotland; and

    - the Scottish Commission for Human Rights.

    Section 27 of the UNCRC Act requires intimation to these bodies so they can consider whether to intervene in proceedings where a court is considering potential incompatibility with UNCRC requirements (the UNCRC Act gives these bodies the authority to intervene). 

  1. In correspondence with the Lord President's Private Office, the Committee asked a question about paragraph 2(2)(a) of the instrument, which inserts into Chapter 6 of the Criminal Procedure Rules a definition of the term “UNCRC requirements”.  It queried the purpose of the definition given that the defined term is not used in Chapter 6.

  1. In its response, the Lord President's Private Office confirmed that the definition is unnecessary and advised that it will be removed at the next available opportunity.

  1. The lead committee for this instrument is the Criminal Justice Committee.

  1. The Committee draws this instrument to the attention of the Parliament on the general reporting ground, in that it inserts an unnecessary definition of “UNCRC requirements” into the Criminal Procedure Rules 1996, rule 6.1.

  1. The Committee noted that the Lord President’s Private Office has advised that the definition will be removed at the next available opportunity.

No points raised

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Act 2024 (Commencement No. 1) Regulations 2024 (SSI 2024/168 (C.15))

Animal Welfare (Livestock Exports) Act 2024 (Commencement) (Scotland) Regulations 2024 (SSI 2024/170 (C.16))