The Children and Young People’s Centre for Justice (CYCJ) has responded to the Scottish Government’s consultation on its Bail and Release from Custody (Scotland) Bill.
CYCJ agrees with the general approach taken in the Bill; however, we remain concerned at the lack of specific consideration for children in the justice process.
The wider position of seeking to reduce the likelihood or necessity of anyone being deprived of their liberty when alternatives could be utilised is clearly in alignment with human rights and reflects the Whole System Approach to children in conflict with the law. The lack of specific reference and emphasis on the additional safeguards and protection warranted for children in the Justice System and reliance on forthcoming legislation specifically relating to children through the Children’s Care and Justice Bill, Incorporation of UNCRC and the future Promise legislation, which is still some way off, seems inconsistent with the Scottish Governments commitment to upholding children’s rights.