Concurrent orders

A child who is in the justice system and has been remanded or sentenced to secure care or custody, or sentenced to a community-based disposal may also be subject to a range of other orders.

Compulsory Supervision Orders (CSOs)

A child may be subject to a CSO through the Children’s Hearings System (CHS) under the Children’s Hearings (Scotland) Act 2011 (section 83).

Responsibilities to children subject to CSOs

While subject to a CSO, the child is ‘looked after’ by the local authority.

A child who ceases to be ‘looked after’ on or after their 16th birthday is a care leaver (this can include young people who were subject to a supervision requirement under section 70 of the Children (Scotland) Act 1995).

Certain duties must be fulfilled towards children subject to a CSO:

Part nine of the Children and Young People (Scotland) Act 2014 details the responsibilities of corporate parents to all “looked after” children and care leavers up to the age of 25.

Young Offenders Institutions and Secure Care

Children entering a YOI or secure care may remain subject to a CSO.

When a child subject to a CSO enters secure care or custody, either having been sentenced or on remand, the initial review meeting should be held within 72 hours and referred to as a looked after review.

Terminating a CSO

While a CSO may be continued until a child reaches the age of 18, when CSOs are terminated prematurely and a child has outstanding wellbeing needs, this can bring a raft of negative implications (CYCJ, 2020). A position statement from Social Work Scotland and partners (Position Statement by Social Work Scotland: Children aged between 15 and 17 in the Children’s Hearings System) specifies that children should continue to be supported on a CSO between the ages of 16 and 18 years, when this is in their best interests. It is not appropriate to base a recommendation of termination of a CSO solely on the following:

This is reiterated in Children’s Hearings Scotland Practice and Procedure Manual.

Any decision to terminate a CSO should be based on a full assessment of need and risk and should also consider (Children and Young People’s Centre for Justice, 2020):

This is further reiterated in Scottish Government (2021) Standards for those working with children in conflict with the law.

Ultimately the decision to terminate a CSO will be made by Children’s Hearings panel members but this should be informed with as full and considered information as possible.

Convictions through the Children’s Hearings System (CHS)

Grounds for referral to the CHS that involve the committal of an offence and have either been accepted by the child or proven in court are classed as a criminal conviction. While the amendments made under Part 2 of the Management of Offenders (Scotland) Act 2019 reduced the disclosure periods for cases discharged by the CHS or where the child was made subject to a CSO to zero, meaning these become immediately spent, there are still certain circumstances when this information can require to be disclosed by the individual or be disclosed by the state on a disclosure certificate.

The arrangements surrounding disclosure are complex and further information is available in the resources section. Children are encouraged to gain legal advice as necessary.

Community Payback Orders (CPOs)

A child may already be subject to a CPO at the time of their placement in a Young Offenders Institution (YOI) or secure care. The further offence that results in the child entering a YOI or secure care is not necessarily a breach of the CPO but it may impact upon the child’s ability to complete any existing CPO and requirements within the appropriate timescale. Either the responsible officer, the worker completing the Criminal Justice Social Work Report or the child may request a revocation or variation of the order depending on the period they will be deprived of their liberty. There are no specific circumstances in which a revocation, variation or early discharge may be sought. As a broad principle, such applications are appropriate where circumstances have arisen since the CPO was imposed, which suggest that it would be in the interests of justice for the court to consider amendment or revocation.

See also Community-based disposals.

Mental health orders

On the rare occasion that mental health legislation and orders apply to children in the justice system advice should be sought from medical and legal professionals.

Criminal Procedure (Scotland) Act 1995 Part VI Mental Disorder

Provisions under Part VI of the Criminal Procedure (Scotland) Act 1995 help the court to decide what should be done in a case where the individual appears mentally unwell. This may include:

Mental Health (Care and Treatment) (Scotland) Act 2003

This Act may apply to people of any age (although for under 18s the welfare of the child must be paramount). The Act:

Mental Health (Scotland) Act 2015

The Mental Health (Scotland) Act 2015 made provisions under:

Civil orders

Civil orders are designed to minimise the risk of sexual harm to the public and can be imposed on a person who has never been found guilty of an offence and for behaviour that is not criminal. However, breach of the order becomes a criminal offence.

The four main types of civil orders are:

Sexual Offences Prevention Orders (SOPOs)

Risk of Sexual Harm Orders (RSHOs)

Notification Orders

Foreign Travel Orders (FTO)

Resources for this page

Compulsory Supervision Orders (CSOs)

Community Payback Orders

Mental health orders

Civil orders