Further Detail on the Report Topic

The event brought a variety of stakeholders together to discuss how agencies can collaborate to keep people safe while minimising the number of children that experience police custody when they come into conflict with the law.

The event was attended by Chief Social Workers (or a nominated representative) from across Scotland, Scottish Government and public sector partners. In addition there were also attendees from representative organisations, including the Children and Young People’s Centre for Justice (CYCJ), The Children and Young People’s Commissioner Scotland and Who Cares? Scotland.

Key note speakers at the event included Fiona Dyer, the director of CYCJ, James Docherty of the Scottish Violence Reduction Unit, DCC Malcolm Graham and the Chair of the Authority.

The focus of the event was the facilitation of group discussions based upon two scenarios. Whilst these scenarios were created solely for the purpose of the event, they are a true depiction of circumstances Police Scotland and partners regularly face. During these discussions, participants considered the care and welfare of children with a view to improving the shared understanding of challenges for all partners and stakeholders. Most importantly, discussion focused on the likely impact of holding a child in police custody. This opened beneficial dialogue on identifying solutions and future opportunities to drive positive change in the short,

Following thorough analysis of the discussions at the event, several key themes emerged. Attendees identified these considerations as potentially supporting further reductions in the number of children that experience police custody while still supporting victims of crime. Full details of these themes are provided in the post-event report (appendix A), however for ease a brief summary is provided below:

Enhancing Partnerships – Momentum from the event should support the development of a common understanding of roles, concerns and obligations for each organisation involved in safeguarding children and the criminal justice system. Attendees expressed a willingness to develop united and transparent approaches at a local level.

Definition of a child – The Scottish legislative landscape includes several different definitions for children and young people. As such, opportunity exists to streamline the definition of a child within legislation.

A multi-agency care setting for children accused of crime – It was considered that the similar fundamental underpinning principles of Bairn’s Hoose could be used to develop a separate (standalone) solution for children accused of crime that did not share space with victims of crime. For example, a multi-agency care setting could be developed that still allowed for investigative processes to be undertaken.

Driving improvements that meet local needs - It was recognised that approaches to minimise the number of children and young people that experience police custody in major cities may not be easy to directly replicate in less urban, rural, remote or island communities. Discussions highlighted that there will not be a standardised approach, but rather any national initiatives should help support and drive the best possible care for children and young people who are in conflict with the law at a local level.

Protecting care experienced children from criminalisation – Care experienced children are far more likely than other children to come into conflict with the law. When interacting with care experienced children, officers and other frontline professionals should ensure a caring and empathetic approach is taken which focuses on supporting the child and understanding their circumstances, rather than criminalising the child.

Provision of seven day courts – Currently, if a child is arrested on a Friday night for a serious offence and no alternative place of safety is provided by the local authority, it is likely the child will remain in police custody until courts reopen on Monday morning. Lengthened stays in police custody will likely add to any trauma experienced by a child. To improve this situation, delegates proposed consideration be given to extending court opening hours to six, or ideally seven days per week.