Scotland has made significant progress in recent years to create a more trauma-informed, rights-based system for children in conflict with the law. In 2024 Scotland incorporated the United Nations Convention on the Rights of the Child into Scots Law. In the same year, the Children (Care and Justice) Act was passed, which included the ability to refer 16 and 17 year olds to the Children’s Hearings System, as well as enhanced duties around the participation of the child at court and the ability or legal requirement, dependent on the circumstances of the case, for courts to use a different room and day and/or closed courts for a child accused. These provisions are incrementally commencing but many of the courtrelated provisions came into force on 1 March 2026.
However, despite this significant progress, the Children and Young People’s Centre for Justice (CYCJ) is concerned that, in some instances, children’s rights are not being translated into practice in court settings. The complete picture on this is hindered by the lack of robust data gathering and monitoring but, as set out below, we believe there are gaps between the UNCRC and the experiences of children accused in court. We consider these omissions to be a significant cause for concern as they could, fundamentally, threaten the delivery of a fair trial. We conclude with two options for the committee to consider in order to create a more rights-based, trauma-informed response.