Age of Criminal Responsibility Programme Board minutes: March 2021

Attendees and apologies

Present

• Lesley Sheppard (Chair), Scottish Government, Care, Protection and Justice Division
• Tom McNamara, Scottish Government, Care, Protection and Justice Division
• Neil Hunter, Principal Reporter, Scottish Children’s Reporter Administration
• Gerard Hart, Chief Executive, Disclosure Scotland
• Graham Thomson, Scottish Government, Police Division
• Judi Heaton, Police Scotland
• Sam McCluskey, Police Scotland
• Denise McKay, Scottish Government Legal Directorate
• Anna Donald, Scottish Government, Victims and Witnesses Unit, Criminal Justice Division
• Rod Finan, Scottish Government, Office of Chief Social Work Adviser

Apologies

• Clare Hicks, Scottish Government, Police Division
• Iona Colvin, Scottish Government, Chief Social Work Adviser

Supporting officials

• Lucy Smith, Scottish Government, Care, Protection and Justice Division
• John McCutcheon, Scottish Government, Care, Protection and Justice Division
• Ingrid Roberts, Scottish Government, Police Division

Items and actions

Welcome and introductions and apologies

The Chair welcomed board members to the meeting and noted the apologies.

Minutes, actions and matters arising

The Board approved the minutes of the meeting held on 2 February 2021, subject to a comment from Police Scotland (and which was to be forwarded to the secretariat).

Action

• Police Scotland to submit comment on the minutes from 2 February

Actions from the last meeting were completed.

Implementation: stocktake of risks for implementation

• the Chair advised the Bboard that ministers have asked that the remaining provisions in the ACR Act be commenced at around the same time as the UNCRC Incorporation Act comes into force, this is most likely to be mid-to late-October
• a gantt chart had been circulated to the Board prior to the meeting, which set out key tasks for implementation, the Chair proposed that discussions focused on the identified tasks

Court rules 

This rests with the Scottish Civil Justice Council. The Council’s secretariat is confident that the court rules will be ready by late summer for operation in autumn, in line with ACR commencement. Police Scotland shared concerns about the potential length of time for obtaining orders, and potential lack of out-of-hours facility for obtaining orders. The Board discussed the challenges of securing changes to court rules, and the need to follow due process with the SCJC.

Action

• officials to meet to discuss the court rules process

Section 104 order 

Board members noted that officials are working to a timetable which set by the Scotland Office. The earliest coming into force date is 17 December, which would leave a gap of around two months between the likely commencement of the ACR Act and cross-border arrangements for Part four of the Act coming into force. There is already a gap for cross-border arrangements for Part two (since Part two of the Act was commenced in November 2020). The Chair asked Board members to submit operational mitigating measures to the secretariat, to help manage the risk.

Action

• board members to submit mitigating measures to help manage the risk of the gap between full commencement of the Act and the section 104 Order coming into force

Ministerial guidance

The Board noted that draft guidance for sections 28 and 57 are close to being finalised. The following points were made during discussion:

• an approach has been developed for working with local authorities to identify suitable places of safety
• the list is likely to be high level in the first instance, and for detail to be added as work is progressed
• concerns about police stations being considered the default place of safety, in the absence of other, identified premises, which would go against the spirit of the legislation
• budget has been set aside within Police Scotland for enhancing the estate for the purposes of places of safety
• discussions are regularly held between Scottish Government and Chief Social Work Officers, which could be an appropriate forum for seeking social work involvement in identifying suitable places of safety
• the importance of sharing intelligence and bringing information together from multiple sources to populate the list of places of safety, Police Scotland colleagues are finding out where children are currently being taken within local authorities
• the importance of linking the statutory guidance through to operational guidance and training

Actions

• Police Scotland to provide the secretariat with the cut-off date for decisions on enhancing the police estate, for the purpose of places of safety

• officials to consider how best to involve Police Scotland in developing the list of places of safety

• Rod to link with Sharon and Lucy re making contact with CSWOs for identification of suitable places of safety

Scottish statutory instruments 

The Board noted the proposed laying dates for the various instruments required, and noted that the biggest risk is lack of time available in Parliament.

Comms and engagement

The Board agreed to discuss this more fully at the next meeting.

AOB and date of next meeting

Police Scotland commented that they had comments on the definitions, in relation to the structure in particular, and would forward these to the secretariat.

Action

• Police Scotland to provide feedback on definitions

The next meeting is scheduled for 10:30am to 12:00pm on 20 April

Actions

• Police Scotland to submit comment on the minutes from 2 February

• officials to meet to discuss the court rules process

• Board members to submit mitigating measures to help manage the risk of the gap between full commencement of the Act and the section 104 Order coming into force

• Police Scotland to provide the secretariat with the cut-off date for decisions on enhancing the police estate, for the purpose of places of safety

• officials to consider how best to involve Police Scotland in developing the list of places of safety

• Rod to link with Sharon and Lucy re making contact with CSWOs for identification of suitable places of safety

• Police Scotland to provide feedback on definitions

SG: DCAF: CPJ

March 2021