Safeguards for children involved in criminal proceedings 11 Custody of children before commencement of proceedings 30 (1) The Criminal Justice (Scotland) Act 2016 (“the 2016 Act”) is amended as follows. (2) In section 22 (under 18s to be kept in place of safety prior to court), in subsection (1), for paragraph (b) substitute— “(b) a constable believes the person is under 18 years of age.”. 12 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure (3) In section 23 (notice to parent that under 18 to be brought before court)— (a) in subsection (1), for “16 years of age or over and subject to a supervision order or under 16” substitute “under 18”, (b) in subsection (4), the definition of “supervision order” is repealed. 5 (4) In section 24 (notice to local authority that under 18 to be brought before court)— (a) in subsection (1), in paragraph (a), for “either subsection (2) or (3)” substitute “subsection (2)”, (b) for subsection (2) substitute— “(2) This subsection applies to a person who is under 18 years of age.”, 10 (c) subsection (3) is repealed. 1 (5) In section 33 (consent to interview without solicitor)— (a) in subsection (1), for “Subsections (2) and (3) apply” substitute “Subsection (2) applies”, (b) in subsection (2)— 15 (i) in paragraph (a), for “16” substitute “18”, (ii) paragraph (b) is repealed, (iii) in paragraph (c), for “16” substitute “18”, (c) subsections (3), (4) and (5) are repealed. (6) In section 38 (right to have intimation sent to other person), in subsection (7)— 20 (a) the words from “to ascertain” to the end become paragraph (a), (b) after that paragraph insert “, or (b) for a local authority to give advice by virtue of section 41(9).”. (7) In section 41 (social work involvement in relation to under 18s)— (a) in subsection (1)— 25 (i) in paragraph (a), for “the person may be subject to a supervision order” substitute “person to be under 18 years of age”, (ii) paragraph (b) and “or” immediately preceding it are repealed, (b) after that subsection insert— “(1A) Intimation of the following facts must also be sent to a local authority— 30 (a) where the person in custody declines to exercise the right to have intimation sent under section 38, that fact, (b) where the person in custody requests under section 39(3)(b) that the person to whom intimation is to be sent under section 38 is not asked to attend at the place where the person in custody is being held, that 35 fact, (c) where the person in custody requests under section 39(6)(b) that no further attempt to send intimation under section 38 is made, that fact, 13 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure (d) where the person to whom intimation is sent under section 38— (i) does not access the person in custody by virtue of the person in custody not wishing that person to have access by virtue of section 40(2), or 5 (ii) is refused access to the person in custody or has such access restricted by virtue of section 40(4), that fact.”, (c) in subsection (2)— (i) in the opening words, after “subsection (1)” insert “or (1A)”, 10 (ii) paragraph (a) is repealed, 1 (iii) in paragraph (b)— (A) sub-paragraph (i) and “and” following it are repealed, (B) in sub-paragraph (ii), “(having regard to the effect of subsection (4)(a))” is repealed, 15 (d) in subsection (4), paragraph (a) and “and” following it are repealed, (e) subsections (7) and (8) are repealed, (f) in subsection (9), for “The local authority” substitute “A local authority sent intimation under subsection (1) or (1A)”, (g) subsection (10) is repealed. 20 report of suspected offences involving children 12 Restriction on (1) The 2016 Act is amended as follows. (2) After section 106 insert— “C HAPTER 2A R EPORT OF SUSPECTED OFFENCES INVOLVING CHILDREN 25 106A Restriction on report of suspected offences (1) Subject to subsection (4) and section 106B, no publication is to include information relating to a person if— (a) that information is likely to lead to the identification of the person as being a person by whom an offence is suspected to have been committed, 30 and (b) the person was aged under 18 at the date of commission of the suspected offence. (2) Subject to subsections (3A) and (4) and section 106BA, no publication is to include information relating to a person if— 35 (a) that information is likely to lead to the identification of the person as being a person— (i) against or in respect of whom an offence is suspected to have been committed, or 14 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure (ii) who is suspected to have been a witness in relation to an offence, and (b) the person was aged under 18 at the date of commission of the suspected offence. 5 (3) For the purposes of subsections (1) and (2), information relating to a person includes in particular— (a) the person’s name, (b) the person’s address, (c) the identity of any school or other educational establishment attended 10 by the person, 1 (ca) the identity of any place at which the person works, (d) any still or moving picture of the person. (3A) The restriction imposed by subsection (2) does not prevent a person to whom the information relates from publishing information which is likely to lead to 15 their own identification as being a person— (a) against or in respect of whom an offence is suspected to have been committed, or (b) who is suspected to have been a witness in relation to an offence. (4) The restrictions imposed by subsections (1) and (2) cease to apply once there 20 are proceedings in a court in respect of the offence (but see section 47 of the Criminal Procedure (Scotland) Act 1995 which places restrictions on the report of proceedings involving children). (6) In this section and in sections 106B to 106BB— “offence” includes any offence, regardless of whether it is committed, 25 or suspected to have been committed, before or after this section comes into force, “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed or accessible to the public at large or any section of the public (whether on registration, 30 payment, subscription or otherwise), “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990. 106B Power to dispense with restriction: suspects (1) A sheriff may by order dispense with the restriction imposed by section 35 106A(1) in relation to a person if the sheriff is satisfied that it is in the interests of justice to do so. (2) A sheriff may make an order under subsection (1) on the application of— (a) a constable, (b) a prosecutor, 40 (c) the person to whom the relevant information relates, or (d) a media representative. 15 Children (Care and Justice) (Scotland) Bill Part 2—Criminal justice and procedure (3) Where such an application is made in writing (rather than orally) it must be made in such form as may be prescribed by act of adjournal (or as nearly as may be in such form). (4) Before deciding whether to make an order under subsection (1), the sheriff 5 must— (za) where the person to whom the relevant information relates is aged under 18, regard the best...