The Children (Care and Justice) (Scotland) Bill aims to ensure no child aged under 18 years old will be sent to a young offenders institution.

Introduced to Scottish Parliament last month, the Bill is designed to improve experiences and outcomes for children, by diverting them away from the criminal courts, with maximum use of the welfare-based children’s hearings system and age-appropriate settings. It also seeks to increase protection of victims in children’s cases. It also seeks to increase protection of victims in children’s cases.

The Bill is part of the commitment to Keeping The Promise to deliver on the recommendations of the Independent Care Review, and part of Scotland’s Whole System Approach to youth justice.

If passed by Parliament, the legislation will mean:

young people aged 16 – 17 years old will no longer be placed in young offenders institutions (whether on pre-trial or pre-sentencing remand, or following sentencing)
all young people under 18 years old can be referred to the children’s hearings system, helping to keep children out of criminal courts (where appropriate)
increased protection and information for victims in cases involving children’s hearings
new powers for Scottish Ministers to help regulate the placement of children from elsewhere in the UK into secure and residential care in Scotland

The Bill was developed following a public consultation in 2022, with a total of 106 responses were received. A Scottish Youth Parliament survey also generated 243 responses from children and young people. If passed, the Bill will support care-based alternatives to placing young people under 18 years old in young offenders institutions.

For further information, including the consultation analysis and the Bill in full, please visit the Scottish Government website.