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xChildren’s Care and Justice Bill consultation analysis
Date: 15th September 2022
Category:
Age of criminal responsibility, Child justice system
An analysis of responses to the Children’s Care and Justice Bill consultation is now available. Read on to find out what children, young people and civil society organisations thought about the proposals.
Responses included a mixture from organisations and individuals - 11.5% of responses were made by a child or young person. The new proposals received a generally positive response. However, the issues which received polarised responses included movement restriction conditions (MRCs) and the age of criminal responsibility.
On whether the existing measures of the children’s hearing system required amendment or should be enhanced for the protection of those who have been harmed, organisations were more opposed than individuals. This was particularly notable for organisations related to the children hearings system. Justifications for changes included to allow the system to be adequately maintained if the new proposals of the bill - which include maximising use of the system - were to be passed. Third sector and children’s rights organisations including Together cautioned that the introduction of more punitive measures could undermine the children’s hearing system’s welfare-based principle.
Children and young people’s responses were also divided on this. Some felt that punitive measures would only have negative consequences on the lives of those in contact with the justice system and that multiple factors should be considered, including mental health, before making the decision to restrict a child’s movement. In contrast, other responses argued for the practical use of electronic monitoring for those who repeatedly abscond.
Together was amongst civil society organisations that strongly opposed the current age of criminal responsibility (12 years old). This is because it violates children’s human rights and has been recommended by the UN Committee on Children’s Rights to be at least 14. In order for the new Bill to comply with the impending UNCRC (Incorporation) (Scotland) Bill and uphold international standards, the new Bill must raise the current age of criminal responsibility.