The Children (Care and Justice) (Scotland) Act received royal assent on 4 June 2024. The Act has a phased approach to commencement, with the following provisions having commenced:
- 5 June 2024 – Ancillary provisions, interpretation and short title (section 35, 36, 39)
- 16 July 2024 – UNCRC compatibility issues in criminal proceedings on the to coincide with the commencement of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (Part 6);
- 28 August 2024 – Provisions that ended the use of Young Offenders Institutions (YOIs) for children in Scotland who have been remanded, committed or sentenced, and require children placed in secure care via a criminal justice route to be treated as “looked after” children by the local authority (Sections 18, 19, 21, 22, 23 and 24). You can find out more here
- 5 May 2025 – Fuller – but contained – commencement of the definition of ‘child’ where children are detained by the court. In addition, where a restriction of liberty order for a child under the age of 18 (previously 16) is being considered, the court must be provided with a report from the local authority where the child lives on the services to be provided to support the child (limited parts of sections 1 and 12)
- 5 May 2025 -The revocation of parts 4 and 5 of the Children and Young People (Scotland) Act 2014 concerning named persons and child plans, provisions which have never been commenced and will continue to operate on a non-statutory basis (section 32)
- 5 May 2025 – The annual reporting duty to Parliament (section 34), with the first report having been published in June 2025
- 1 September 2025 – Provisions will come into force to allow for the development of cross-border regulations (sections 28, 29, 30) and secure transportation standards (the latter of which need to be laid before Parliament by 1 September 2026).
The phased approach to commencement will continue with the Scottish Government having shared with stakeholders an indicative timeline for Act implementation, indicating that most of the remaining provisions of the Act will commence by April 2026. It is proposed that the provisions to raise the age of referral to the principal reporter and associated age-related sections could commence shortly after this. This timeline will be subject to ongoing review.
The Implementation and Resource Group developed during the Bill’s progression through Parliament has been reconvened for the Act. Various working groups have been established to support the multi-agency, national level activity that is required to prepare for commencement of the remaining parts of the Act. These groups are focused on:
- Part 1 of the Act in relation to the Children’s Hearings System, raising the age of referral, and secure care (section 1-8, 11-14, 17-20, 26, 27, 31)
- Children in Police custody (section 15)
- Children’s Rights at Court (section 16)
- Secure transport (Part 3)
- Workforce development
CYCJ are supporting agencies to prepare for commencement of the remaining sections of the Act and for implementation. Our work is focused on 5 key areas:
- Policy and legislative development: working with the Scottish Government and partners to update and develop regulations, standards and guidance;
- Awareness raising: Developing supporting materials to raise understanding of the Act and the implications of provisions
- Agency readiness support: assisting agencies to assess and prepare for implementation
- Practice development support: focusing on the priority areas for successful implementation of the Act
- Monitoring and reporting: considering the information, evidence and data needed to monitor the Act’s implementation.
CYCJ have published a range of supporting materials:
- An information sheet on the Act Info Sheet: Children (Care and Justice) (Scotland) Act 2024 – Children and Young People’s Centre for Justice (cycj.org.uk)
- Briefing paper on ending Young Offenders Institutions Children (Care and Justice) (Scotland) Act 2024 – Briefing Paper 1 – Children and Young People’s Centre for Justice (cycj.org.uk)
- 2 webinars on ending YOIs recordings of which are available here Ending the use of Young Offender Institutions for Children Webinar – Children and Young People’s Centre for Justice (cycj.org.uk) and on preparing for commencement for the Act Children (Care and Justice) (Scotland) Act – Get ready to Act
- An information sheet on the Role of social work services in promoting children’s rights when deprivation of liberty is being considered – Children and Young People’s Centre for Justice
- Flowcharts to break down criminal justice processes Criminal Justice Process for Children – Flowcharts – Children and Young People’s Centre for Justice
- Suggested data that local authorities might want to locally collate to help them assess and anticipate the likely impact of the Act
- A series of 4 blogs on the Act
Useful links
- The Youth Justice Improvement Board paper on Alternatives-to-depriving-children-of-their-liberty-March-2025.pdf.
- Children (Care and Justice) (Scotland) Bill
- The Children (Care and Justice) (Scotland) Act 2024 (Commencement No. 1 and Transitional Provision) Regulations 2024
- The Children (Care and Justice) (Scotland) Act 2024 (Commencement No. 2) Regulations 2025
- Children (Care and Justice) (Scotland) Act 2024 – operation review: first annual report 2024-2025 – gov.scot
If you would like further advice or support and/or have identified further information that would be useful for this webpage please contact Deborah.nolan@strath.ac.uk.