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Chamber and committees

Equalities, Human Rights and Civil Justice Committee

The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 [draft]

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Introduction

  1. At its meeting on 21 September 2021, the Equalities, Human Rights and Civil Justice Committee considered the following instrument:

  1. The instrument is subject to the affirmative procedure (Rule 10.6).

The Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 [draft]

  1. The draft SSI was laid before the Scottish Parliament on 30 August 2021 and referred to the Equalities, Human Rights and Civil Justice Committee.

  1. The purpose of this instrument is to support the implementation and commencement of the Age of Criminal Responsibility (Scotland) Act 2019. The 2019 Act provides for orders in relation to children to allow for the investigation of their actions notwithstanding that they will not have committed offences. These orders, when granted, largely permit the sort of interventions the police would otherwise be able to do in respect of suspects – searches, interviews and the taking of prints and samples etc. The legal aid provisions are to allow for representation in respect of applications for these orders, to ensure the rights of the children (and others in some cases) in the course of those proceedings.

  1. This instrument makes children’s legal assistance available in relation to proceedings under Part 4 of the Age of Criminal Responsibility (Scotland) Act 2019; in particular, for a child to have legal representation before the sheriff and any appeal from the sheriff, and for the other persons eligible for children’s legal assistance in connection with such proceedings and appeals, to be specified along with the eligibility criteria to be applied.

Delegated Powers and Law Reform Committee consideration

  1. The Delegated Powers and Law Reform Committee (DPLR) considered the instrument at its meeting on 7 September 2021. The DPLR Committee agreed that it did not need to draw the Parliament’s attention to the instrument on any grounds within its remit.

Equalities, Human Rights and Civil Justice Committee consideration

  1. It is for the Equalities, Human Rights and Civil Justice Committee to recommend to the Parliament whether the Regulations should be approved.

  1. The Minister for Community Safety ("the Minister"), Ash Denham MSP, has, by motion S6M-00998 proposed that the Committee recommends the approval of the Regulations.

  1. The Committee took evidence from the Minister at its meeting on 21 September 2021.

  1. Following the evidence session, the Minister moved motion S6M-00998—That the Equalities, Human Rights and Civil Justice Committee recommends that the Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 [draft] be approved.

  1. The motion was agreed to without division or dissent.

  1. The Equalities, Human Rights and Civil Justice Committee recommends to the Scottish Parliament that the Children’s Legal Assistance (Miscellaneous Amendments and Consequential Provisions) (Scotland) Regulations 2021 [draft] be approved.