Bail and Release from Custody (Scotland) Bill: children's rights and wellbeing impact assessment

Children's rights and wellbeing impact assessment (CRWIA) examining the potential impact on children's human rights of the Bail and Release from Custody (Scotland) Bill.

4. If a negative impact is assessed for any area of rights or any group of children and young people, can you explain why this is necessary and proportionate? What options have you considered to modify the proposal, or mitigate the impact?

The legislation does not contain specific provisions relating to CYP who come into contact with the justice system. While there is no specific provision in the Bill focused entirely on CYP, the direct and indirect impacts of the legislation have been assessed. Legislatively no fundamental negative impacts have been identified through this assessment. There will be some considerations essential for the implementation of the policy associated with this legislation, for which separate CRWIAs will be drafted.

It will be important to consider how a potential increased use of bail supervision and EM bail may impact CYP differently to adults. It may be that more frequent review points should be built in for CYP to review whether bail conditions remain suitable and are not having an unintended negative impacts. General guidance for bail supervision was published on 12 May 2022[30].

It will also be important to consider how pre-release planning and statutory standards of throughcare can be strengthened to support the specific needs of CYP upon release, for example engagement with age appropriate support services, as well as the need for whole family support.



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