Information

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.


7. What evidence have you used to inform your assessment?

The table below summarises the key evidence gathered from a variety of data sources and from the responses to the consultation for the Bail and Release from Custody Bill.

Source / Link

The Convention on the Rights of the Child (unicef-irc.org)

Date published / Date accessed

Published: September 1990.

Accessed: February 2022

Summary

The United Nations Convention on the Right of the Child (UNCRC) defines a child as a person who is under the age of 18. The UNCRC sets out a series of articles which support children having a right to participate in the decisions which affect them. We have used the UNCRC to identify which of these articles the Bail and Release Bill will impact on.

Source / Link

Scottish prison population: statistics 2019 to 2020 - gov.scot (www.gov.scot)

Date published / Date accessed

Published: 14th July 2020

Summary

The Scottish Prison Population statistics publication explores the characteristics of imprisoned people in Scotland and was used to provide information on the number of under 18s in custody in Scotland.

Source / Link

Use and impact of bail and remand in Scotland with children - Children's and Young People's Centre for Justice (cycj.org.uk)

Date published / Date accessed

Published: 15th December 2020

Summary

This report shares findings from a nationwide study of the use of bail and remand with children in Scotland. It aims to develop the understanding surrounding the use of remand and the decision making about how bail and remand is enacted, and how this is experienced by children, their families and practitioners.

Source / Link

An Inquiry into the Use of Remand in Scotland | Scottish Parliament

Date published / Date accessed

Published: 24th June 2018

Summary

The purpose of this report is to "consider and report on matters falling within the responsibility of the Cabinet Secretary for Justice". After an inquiry exploring the issues relating to remand and the number of people remanded in custody in Scotland, as well as investigating the impact a period of remand can have on an individual.

Source / Link

Judged on progress: The need for urgent delivery on Scottish justice sector reforms | Scottish Parliament

Date published / Date accessed

Published: 10th January 2022

Summary

The purpose of this report was to "consider and report on matters relating to criminal justice falling within the responsibility of the Cabinet Secretary for Justice and Veterans, and functions of the Lord Advocate other than as head of the systems of criminal prosecution and investigation of deaths in Scotland." This report covers a number of key issues in the justice sector including a chapter on "Reducing youth offending, offering community justice solutions and alternatives to custody".

Source / Link

Final Evidence Framework | The Care Review

Date published / Date accessed

Accessed: February 2022

Summary

The Independent Care Review compiled a report based on over 5000 CYP, adult and members of the care system experiences heard between 2017 and 2020. The 'evidence framework' "provides a detailed outline of participation and engagement undertaken, a full summary of the outputs of the Care Review’s commissioning processes and a bibliography of sources consulted". The Evidence framework is designed to assist in navigating the extensive research and evidence collation that was undertaken by the Care Review. It was used here to provide information relating to the support required for the children of imprisoned parents and the effect parental imprisonment can have on the children.

Source / Link

The Promise | The Care Review

Date published / Date accessed

Accessed: February 2022

Summary

The Promise Scotland was established to, and is responsible for, taking forward the work of the Independent Care Review. This report outlines The Promise, and provides details under each of 5 foundations of how Scotland can embed the Foundations into culture, policy and practice. The Foundation relating to People reports the effects parental imprisonment can have on children.

Source / Link

Recommendation of the Committee of Ministers to member States concerning children with imprisoned parents | Committee of Ministers | Council of Europe

Date published / Date accessed

Published: 4th April 2022

Summary

The Council of Europe’s Recommendation of the Committee of Ministers to member States concerning children with imprisoned parents.

Source / Link

Why focus on reducing women's imprisonment in Scotland | Prison Reform Trust

Date published / Date accessed

Published: October 2017

Summary

This document is a briefing from the Prison Reform Trust detailing the imprisonment of women in the Scottish criminal justice system, providing the Scottish context, and associated statistics relating to women prisoners in Scotland.

Source / Link

Children affected by the imprisonment of a family member - A handbook for schools developing good practice 2015.pdf (barnardos.org.uk)

Date published / Date accessed

Published: May 2015

Summary

This handbook produced by Barnardo's is a resource for schools in Northern Ireland, enabling them to better support children affected by parental imprisonment. This provides information on the effect parental imprisonment can have on the academic achievements of children.

Source / Link

Consultation Responses | KSO Research

Date published / Date accessed

Published: March 2022

Summary

This report contains the consultation responses from the Bail and Release Bill consultation.

Source / Link

Evaluation of Bail Supervision Scheme for Children. Naughton C., Redmond S. & Coonan B.

Date published / Date accessed

Published: 2019

Summary

This report presents the findings of a pilot study of young people receiving bail supervision support in Ireland.

Source / Link

Constructive Connections: building resilience of

families affected by the criminal justice system | Families Outside

Date published / Date accessed

Published: March 2019

Summary

A research project for NHS Greater Glasgow and Clyde with the aim to explore the impact of parental involvement in the justice system on CYP and their families or caregivers.

Source / Link

Impact of punishments: families of people in prison | SCCJR

Date published / Date accessed

Published: October 2015

Summary

An overview of the effects of imprisonment of a family member can have on children and families.

Source / Link

Rendering them Visible: a review of progress towards increasing awareness and support of prisoners’ families | Families Outside

Date published / Date accessed

Published: April 2016

Summary

A briefing highlighting the main findings of a review of the current literature in the field of the support needs of prisoners’ families in Scotland, and in particular, children. This review was commissioned by Families Outside.

Source / Link

Children’s Social Work Statistics Scotland, 2019-20 | Scottish Government

Date published / Date accessed

Published: March 2021

Summary

Information collected from local authorities and secure units on CYP who were formally looked after; under child protection measures; or in secure care at some point between 1 August 2019 and 31 July 2020.

Source / Link

Prosecution of young people report | Scottish Government

Date published / Date accessed

Published: November 2018

Summary

The Inspectorate for Prosecution in Scotland’s thematic report on the prosecution of young people in the Sheriff and Justice of Peace courts.

Source / Link

Children with parents in prison | Parenting Across Scotland

Date published / Date accessed

Accessed: April 2022

Summary

An organisation supporting children, parents and families across Scotland. This article pulls together statistics relating to children with parents in prison.

Source / Link

17th Prisoner Survey 2019 | Scottish Prison Service | 2019

Date published / Date accessed

Published: October 2020

Summary

A report showing the key findings from the SPS biennial prison survey, undertaken in each of the 15 Scottish prisons, and involved all those held in custody (response rate of 30%).

Source / Link

Vision for Young People in Custody | Scottish Prison Service

Date published / Date accessed

Published: March 2021

Summary

This paper describes the long-term vision for all young people who are in custody in Scotland. It explains how SPS, with partners, is working to use the time a CYP is in custody to prepare them for a positive future.

Source / Link

Bellis et al. | 2013 | Adverse childhood experiences: retrospective study to determine their impact on adult health behaviours and health outcomes in a UK population | Journal of Public Health

Date published / Date accessed

Published: 2013

Summary

Retrospective cross-sectional survey showing the relationship between ACEs and adverse behavioural, health and social outcomes.

Source / Link

Keeping children in care out of trouble: an independent review chaired by Lord Laming | Youth Justice Board for England and Wales.

Date published / Date accessed

Published: August 2015

Summary

A response by the Youth Justice Board for England and Wales to the call for views and evidence.

Contact

Email: futureofcustody@gov.scot

Back to top