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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force various provisions of the Children (Care and Justice) (Scotland) Act 2024 (“the Act”).

Regulation 2(1) appoints 5 May 2025 for the coming into force of sections 1 (for a limited purpose), 12 (for a limited purpose), 32, 34 and 37 (for a limited purpose) and Part 9 of the schedule of the Act.

Sections 1 and 12 of the Act are commenced for the purpose of their application to:

  • Sections 44, 51, 205, 207, 208, 208A and 216 of the Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”), including as those provisions were amended by sections 18 and 19 of the Act. Those provisions of the 1995 Act, as amended, concern the detention of children, whether on summary conviction or conviction on indictment, or their remand or committal for trial, for example, in secure accommodation.

  • Section 245A of the 1995 Act, as amended by paragraph 10(3) of part 5 of the schedule of the Act. Section 245A empowers a court to make a restriction of liberty order restricting an offender’s movements to such extent as the court thinks fit where a person is convicted of an offence punishable by imprisonment other than an offence the sentence of which is fixed by law. Where the offender is a child, the court must, before making such an order, obtain a report from the local authority in whose area the child resides concerning the services to be provided for the support and rehabilitation of the child during the period of any order.

For the purposes of the above provisions of the 1995 Act, as so amended, a child means a person under the age of 18 years.

Regulation 2(2) appoints 1 September 2005 for the coming into force of sections 25, 28(1), (3) and (5), 29, 30 and 37 (for a limited purpose) and paragraph 27 of Part 8 of the schedule of the Act.

Section 37 is commenced for the purpose of its application to the modification of the enactments in paragraph 27 of Part 8 and Part 9 of the schedule of the Act.

The Bill for the Act received Royal Assent on 4 June 2024. Sections 35, 36, 38 and 39 came into force the following day. Section 33 came into force on 16 July 2024.