.”, (g) after subsection (6) insert— 12 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure “(7) In this section— “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public, 5 “relevant offence” means an alleged offence to which the proceedings relate, “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.”. (3) After section 47 insert— 10 “47A Appeal against direction of court to dispense with restriction 1 (1) Subsection (2) applies if a court directs, in accordance with section 47(3)(b), that the restriction imposed by section 47(1) be dispensed with. (2) An appeal may be brought to the appropriate appeal court, within the period of 7 days beginning with the day on which the court directs that the restriction 15 be dispensed with, by— (a) a person, accused of a relevant offence, to whom the dispensed with restriction relates, or (b) the prosecutor. (3) Subsection (4) applies if a court directs that the restriction imposed by section 20 47(1A) be dispensed with. (4) An appeal may be brought to the appropriate appeal court, within the period of 7 days beginning with the day on which the court directs that the restrictions be dispensed with, by— (a) a person, against or in respect of whom a relevant offence is alleged to 25 have been committed, to whom the dispensed with restriction relates, (b) a witness in relation to a relevant offence, or (c) the prosecutor. (5) In disposing of an appeal under subsection (2) or (4), the appropriate appeal court may— 30 (a) affirm the direction of the court of first instance, (b) quash the direction of the court of first instance and either— (i) substitute for it the appropriate appeal court’s own decision, or (ii) remit the question back to the court of first instance with such instructions as the appropriate appeal court thinks appropriate. 35 (6) In this section— “appropriate appeal court” means— (a) in the case of an appeal against a decision of the High Court or a judge of the High Court, that Court, (b) in the case of an appeal against a decision of a sheriff (whether 40 in solemn or summary proceedings), the Sheriff Appeal Court, 13 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure “proceedings” means the proceedings in relation to which the restrictions imposed by section 47(1) or (1A) have been dispensed with, “relevant offence” means an alleged offence to which the proceedings relate. 5 47B Power to extend period of restriction on report of proceedings (1) In any proceedings to which section 47(1) applies, the court may make an order extending the period during which the restriction imposed by that subsection is to apply unless the court considers that it would be contrary to the public interest to do so. 10 (2) An order under subsection (1) may extend the restriction so that no publication 1 may include the information mentioned in section 47(1)— (a) until the occurrence of a particular event or particular circumstances, (b) until the person to whom the information relates reaches a particular age, or 15 (c) during the lifetime of the person to whom the information relates. (3) The court may make an order under subsection (1) of its own accord or on the application of the prosecutor or a person accused of an alleged offence to which the proceedings relate. (4) An order made by a court under subsection (1) may be varied or revoked by 20 the court, at any time, on the application of— (a) the person to whom the information relates, or (b) a media representative. (5) In this section, “media representative” means— (a) a photographer, camera operator, researcher or producer for, or of, any 25 relevant programme, or (b) a representative of a newspaper or news agency. 47C Appeal against decision not to extend period of restriction (1) Where the court decides not to make an order under section 47B(1), an appeal may be brought to the appropriate appeal court, within the period of 7 days 30 beginning with the day of the decision not to make an order, by— (a) the person to whom the information relates, or (b) the prosecutor. (2) In disposing of an appeal under subsection (1), the appropriate appeal court may— 35 (a) affirm the decision of the court of first instance, (b) quash the decision of the court of first instance and either— (i) substitute for it the appropriate appeal court’s own decision, or (ii) remit the question to the court of first instance with such instructions as the appropriate appeal court considers appropriate. 14 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure (3) In this section, “the appropriate appeal court” has the same meaning as in section 47A (appeal against direction of court to dispense with restriction). 47D Decisions as to public interest for purposes of sections 47 and 47B (1) This section applies where— 5 (a) for the purposes of section 47, it falls to a court or to the Scottish Ministers to determine whether it is in the public interest to dispense with the restriction imposed by section 47(1) or (as the case may be) (1A), or (b) for the purposes of section 47B, it falls to a court to determine whether 10 it would be contrary to the public interest to make an order extending 1 the period during which the restriction imposed by section 47(1) is to apply. (2) In determining what is in the public interest, the court or (as the case may be) the Scottish Ministers— 15 (a) must have regard, in particular, to— (i) the age and maturity of the person accused of the relevant offence at the date of commission of the offence, (ii) the effect that dispensing with, or (as the case may be) extending the period of, the restriction may have on that person’s wellbeing, 20 (iii) the effect that dispensing with, or (as the case may be) extending the period of, the restriction may have on that person’s rehabilitation or reintegration, (iv) whether dispensing with the restriction may constitute additional and disproportionate punishment, 25 (v) whether publication of the information may result in a risk of harm to any other person, and (b) must, if the person accused of the relevant offence is aged under 18 at the date of determining what is in the public interest— (i) treat the factor mentioned at paragraph (a)(ii) (effect on wellbeing) 30 as a primary consideration, and (ii) have no regard to the length of time until the person will reach the age of 18. (3) In determining whether it is in the public interest to dispense with the restriction imposed by section 47(1A), the court or (as the case may be) the Scottish 35 Ministers must have regard, in particular, to— (a) the age and maturity of the person to whom the information relates at the time of determining whether it is in the public interest to dispense with the restriction, (b) the effect that dispensing with the restriction may have on that person’s 40 wellbeing, (c) the views of that person so far as they are reasonably ascertainable, 15 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure (d) whether publication of the information may result in a risk of harm to any other person. (4) In a case where there is a section of the public that is already aware of the identity of a person who— 5 (a) is accused of a relevant offence, (b) is a person against or in respect of whom a relevant offence is alleged to have been committed, or (c) was a witness in relation to a relevant offence, the court or (as the case may be) the Scottish Ministers must not consider this 10 to be a factor in favour of dispensing with the restriction imposed by section 1 47(1) or (as the case may be) (1A). (5) In this section, “relevant offence” means an alleged offence to which the proceedings relate.”. 14 Steps to safeguard welfare and safety of children in criminal proceedings 15 (1) The 1995 Act is amended as follows. (2) In section 50 (children and certain proceedings), after subsection (6) insert— “(7) In complying with subsection (6) the court must, in particular, consider what steps might be taken to facilitate the participation of the child in the proceedings while safeguarding the child’s welfare and, where reasonably practicable, take 20 those steps.”. (3) After section 70A...