(Scotland) Act 2004 is amended as follows. 20 (2) In section 13 (sheriff’s power to make parenting order), in subsection (3), in the definition of “parent”, for “has the meaning” substitute “and “child” have the meanings”. (3) In section 18 (interpretation of Part 2), for the definition of “child” substitute— ““child” (other than in section 13) means a person who is under the age of 18 years;”. 25 27 Named person and child’s plan In the Children and Young People (Scotland) Act 2014, the following provisions are repealed— (a) Part 4 and schedule 2, and (b) Part 5 and schedule 3. 30 P ART 4A UNCRC COMPATIBILITY ISSUES IN CRIMINAL PROCEEDINGS 27A UNCRC compatibility issues in relation to decisions to prosecute children (1) The 1995 Act is amended as follows. (2) After section 288B insert— 33 Children (Care and Justice) (Scotland) Bill Part 4A—UNCRC compatibility issues in criminal proceedings “288BZA UNCRC compatibility issue in relation to decision to prosecute child: restriction on judicial remedies (1) This section applies where— (a) by virtue of section 7(1)(b) of the UNCRC Incorporation Act, a UNCRC 5 compatibility issue has arisen— (i) in criminal proceedings brought against a person who is a child, or who was a child at the time the proceedings were brought, (ii) otherwise than in connection with an appeal against conviction or an appeal against both conviction and sentence, 10 (b) in determining the UNCRC compatibility issue, a court finds that the 1 prosecutor, by bringing criminal proceedings against the person, has acted in a way which is made unlawful by section 6(1) of the UNCRC Incorporation Act, and (c) by reason only of the finding mentioned in subsection (1)(b), a court is 15 considering— (i) deserting the proceedings pro loco et tempore or simpliciter, or (ii) dismissing the indictment or (as the case may be) the complaint or any part of it. (2) Despite section 8(1) of the UNCRC Incorporation Act, a court— 20 (a) may not— (i) desert the proceedings pro loco et tempore or simpliciter, except on the motion of the prosecutor, or (ii) dismiss the indictment or (as the case may be) the complaint or any part of it, but 25 (b) must instead— (i) give the prosecutor an opportunity to reconsider the bringing of criminal proceedings against the person in a way which is compatible with the UNCRC requirements, (ii) adjourn or continue the proceedings to another diet to allow such 30 reconsideration, and (iii) following any such reconsideration, decide whether the bringing of criminal proceedings against the person is compatible with the UNCRC requirements. (3) But a court is not required to act in accordance with subsection (2) if— 35 (a) it considers that there is no reasonable prospect of the bringing of criminal proceedings against the person being reconsidered in a way which is compatible with the UNCRC requirements, (b) it considers that there are exceptional circumstances which justify not doing so, or 40 it decides under subsection (2)(b)(iii) that the bringing of criminal (c) proceedings against the person is incompatible with the UNCRC requirements. 34 Children (Care and Justice) (Scotland) Bill Part 4A—UNCRC compatibility issues in criminal proceedings (4) Subsection (5) applies where— (a) the court adjourns or continues the proceedings in accordance with subsection (2)(b)(ii), or (b) by virtue of subsection (3), the court decides to desert the proceedings 5 pro loco et tempore. (5) Before adjourning or continuing the proceedings or (as the case may be) deserting the proceedings pro loco et tempore, the court must give the prosecutor an opportunity— (a) in solemn proceedings, to make an application under section 65(3) or 10 (5) for an extension of any of the following periods which apply in 1 respect of the proceedings— (i) the periods of 11 months and 12 months mentioned in section 65(1), including those periods as extended under section 65(3), on appeal under section 65(8) or under section 74(4)(c), 15 (ii) the periods of 80 days, 110 days and 140 days mentioned in section 65(4), including those periods as extended under section 65(5) or on appeal under section 65(8), (b) in summary proceedings in respect of which the period of 40 days mentioned in section 147(1) applies, to make an application under section 20 147(2) for an extension of that period, including that period as extended under section 147(2) or on appeal under section 147(3). (6) For the purposes of subsection (1)(a)(i), the proceedings are taken to be brought— (a) in solemn proceedings, on the date on which the indictment is served, 25 (b) in summary proceedings— (i) in a case where a warrant to apprehend or cite the accused is granted, on the date on which the warrant is granted, or (ii) in any other case, on the date on which the complaint is served. (7) In this section— 30 “prosecutor” does not include a private prosecutor, “the UNCRC requirements” has the meaning given in section 1(2) of the UNCRC Incorporation Act, “UNCRC compatibility issue” means a question of the kind mentioned in section 288AB(1)(b), 35 “UNCRC Incorporation Act” means the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024.”. (3) The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 is amended as follows. (4) In section 8 (judicial remedies), after subsection (5) insert— 40 “(6) Section 288BZA of the Criminal Procedure (Scotland) Act 1995 modifies the court’s power under subsection (1) in relation to certain UNCRC compatibility issues in criminal proceedings.”. 35 Children (Care and Justice) (Scotland) Bill Part 4B—Review of Act P ART 4B R EVIEW OF A CT 27B Review of Act (1) The Scottish Ministers must, as soon as reasonably practicable after the end of each 5 review period— (a) undertake a review of the operation of this Act, and (b) prepare a report on that review. (2) The report must, in particular, set out— (a) whether sufficient resources are in place for the effective implementation of the 10 Act, 1 (b) what steps (if any) the Scottish Ministers intend to take as a result of the findings of the review. (3) The Scottish Ministers must, as soon as reasonably practicable after preparing the report— 15 (a) publish the report, and (b) lay the report before the Scottish Parliament. (4) For the purposes of this section, “review period” means— (a) the period of one year beginning with the day of Royal Assent, (b) each subsequent period of one year. 20 RT 5 P A F INAL PROVISIONS 28 Ancillary provision (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for 25 the purposes of, in connection with or for giving full effect to this Act. (2) Regulations under subsection (1) may modify any enactment (including this Act). (3) Regulations under subsection (1)— (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), 30 (b) otherwise, are subject to the negative procedure. 29 Interpretation In this Act— “1989 Act” means the Prisons (Scotland) Act 1989, “1995 Act” means the Criminal Procedure (Scotland) Act 1995, 35 “2010 Act” means the Public Services Reform (Scotland) Act 2010, “2011 Act” means the Children’s Hearings (Scotland) Act 2011, 36 Children (Care and Justice) (Scotland) Bill Part 5—Final provisions “2016 Act” means the Criminal Justice (Scotland) Act 2016. 30 Modification of enactments The schedule makes further modifications of enactments in consequence of this Act. 31 Commencement 5 (1) This section and sections 28, 29 and 32 come into force on the day after Royal Assent. (1A) Section 27A comes into force on whichever is the later of— (a) the day after Royal Assent, (b) 16 July 2024. (2) The other provisions of this Act come into force on such day as the Scottish Ministers 10 may by regulations appoint. 1 (3) Regulations under subsection (2) may— (a) include transitional, transitory or saving provision, (b) make different provision for different purposes. 32 Short title 15 The short title of this Act is the Children (Care and Justice) (Scotland) Act 2023. 37 Children (Care and Justice) (Scotland) Bill Schedule—Minor and consequential modifications Part A1—Children’s hearings system SCHEDULE Introduced by section 30 M...