A child or young person who is in the youth and criminal justice systems, 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 young people subject to CSOs
While subject to a CSO, the child is ‘looked after’ by the local authority.
A child or young person 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:
- Allocate a social worker (usually the Lead Professional)
- Ensure they are seen by a social worker within a certain time and at specified frequencies (which vary by placement type)
- Ensure they have a plan that is reviewed at specified intervals
- Review the CSO at least annually (or every three months if the CSO includes secure care authorisation)
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.
When a young person 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 [link 5c and 6c] 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, this can bring a raft of negative implications (CYCJ, 2019). A position statement from the Association of Directors of Social Work (now Social Work Scotland) and the Scottish Government (Young People aged between 15 and 17 in the Children’s Hearings System) provides guidance. A CSO should not be terminated solely on the grounds of the child’s:
- Outstanding offences
- Age (unless approaching 18 years)
- Non-engagement with services assessed as necessary
- Being in the adult court system or detained in custody or secure care
Any decision to terminate a CSO should be based on a full assessment of need and risk and should also consider (Centre for Youth & Criminal Justice, 2019):
- The duration of the sentence
- The child’s wider care needs
- The scope for further offences being dealt with through the CHS if the child remains subject to a CSO (remittal from court would be the only subsequent route into the CHS for young people aged over 16 if a CSO is terminated)
- The potential role of a CSO in transition from secure care or custody
Ultimately the decision to terminate a CSO will be made by children’s hearing panel members but this should be informed with as full and considered information as possible.
Convictions through 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. Under the Rehabilitation of Offenders Act 1974 and associated legislation relating to the disclosure of criminal records and the protection of vulnerable groups, this criminal conviction requires to be disclosed in certain circumstances and for specified periods of time.
The arrangements surrounding disclosure are complex and further information is available in the resources section. Young people are encouraged to gain legal advice.
Community Payback Orders (CPO)
A child or young person may already be subject to a CPO at the time of detention in a Young Offenders Institution or secure care. The further offence that results in the child or young person being detained is not necessarily a breach of the CPO but it can be. Either via the Criminal Justice Social Work Report or application may be made by the individual or by the case manager/unpaid work case manager a revocation, variation or an early discharge can be requested. 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 occasions that mental health legislation and orders apply to children or young people in the youth and criminal 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:
- While awaiting trial
- If it is decided the trial cannot start or must stop, or
- If convicted and the punishment is custody
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:
- Enables medical professionals to treat and detain people against their will on grounds of mental disorder
- Provides a right to independent advocacy and places duties on health boards and local authorities to ensure this is available
- Established the Mental Health Tribunal for Scotland and Mental Welfare Commission for Scotland to provide safeguards
- May apply to children or young people subject to a community-based disposal or while detained in custody or secure care
- Makes provisions for the transfer of people in custody for treatment for mental disorder
Mental Health (Scotland) Act 2015
The Mental Health (Scotland) Act 2015 made provisions under:
- Part 1 about the operation of the Mental Health (Care and Treatment) (Scotland) Act 2003, which included the removal of provisions for the appointment of named persons by default (unless aged under 16); builds on the right to independent advocacy; and extends certain provisions relating to cross-border placements
- Part 2 amends the Criminal Procedure (Scotland) Act 1995 in relation to the treatment of “mentally disordered offenders”, including the timescales for assessment and treatment orders and provides for variations of certain orders
- Part 3 creates a new notification scheme for victims of some “mentally disordered offenders”
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)
- SOPOs requires an individual aged over eight to do or stop doing something specified in the order. Compliance with Sex Offender Notification Requirements (SONR) is also required while the order is in effect, meaning the individual will also be subject to MAPPA [link section 1d].
- Application can be made by a chief constable to a sheriff court under Sexual Offences Act 2003 (section 104); by the court if the individual has been dealt with in respect of an offence listed in paragraphs 36 to 60 of Schedule 3 to the 2003 Act via the amendments by the Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005; or by the Crown Office and Procurator Fiscal Service at the point of conviction via the Criminal Justice and Licensing (Scotland) Act 2010 (section 100).
- Duration - minimum five years
- Breach can result in maximum five years imprisonment.
Risk of Sexual Harm Orders (RSHOs)
- RSHOs place restrictions or obligations on an individual, whose behaviour suggests that they pose a risk of sexual harm to a particular child or to children under Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (sections 2-8).
- Application can be made by a chief constable to a sheriff court for individuals of any age.
- Duration – minimum two years.
- Breach can be tried either under summary proceedings – maximum penalty six months imprisonment/£5,000 fine or both; or solemn proceedings – maximum penalty five years imprisonment/unlimited fine or both. Breach will also automatically render an individual subject to SONR and MAPPA.
- Requires an individual who has been convicted of a sexual offence overseas and is deported to the UK on release from prison; or a foreign citizen who the police know has been convicted of a sex offence abroad and who comes to the UK, to be subject to SONR under Part 2 Sexual Offences Act 2003
- Applications can be made under section 97 Sexual Offences Act 2003 by the chief constable to the courts
Foreign Travel Orders (FTO)
- Prevents individuals who have been convicted of certain sexual offences against a child under 18 from travelling abroad under Sexual Offences Act 2003 (section 114) and require they surrender their passport
- Applications can be made by the chief constable to the courts
Resources for this page
Compulsory Supervision Orders (CSOs)
- Children (Scotland) Act 1995
- Disclosure Scotland
- The Looked After Children (Scotland) Regulations 2009
- Guidance on Looked After Children (Scotland) Regulations 2009 and the Adoption and Children (Scotland) Act 2007
- Children’s Hearings (Scotland) Act 2011
- Children and Young People (Scotland) Act 2014
- Children’s Hearings Scotland
- Protecting Vulnerable Groups Scheme
- Rehabilitation of Offenders Act 1974
- Scotland Works for You
- Scottish Children’s Reporter Administration
- Will my child's Hearing result in a criminal record?
- Association of Directors of Social Work. (2011). Young People aged between 15 and 17 in the Children’s Hearings System. ADSW: Scotland.
- CELCIS. (2014). Inform: Children and Young People Act (Aftercare and Continuing Care). CELCIS: Glasgow.
- CELCIS (2014). Inform: The Children and Young People (Scotland) Act 2014 Part 9 (Corporate Parenting). CELCIS: Glasgow.
- Centre for Youth & Criminal Justice (CYCJ). (2019). A Guide to Youth Justice in Scotland: Reintegration and Transitions: Youth justice practice at the interface of the Children’s Hearings System and the Criminal Justice System. Glasgow: CYCJ.
- Scottish Government. (2011). Reintegration and Transitions - Guidance for Local Authorities, Community Planning Partnerships and Service Providers. Edinburgh: Scottish Government.
- Scottish Government. (2015). Statutory Guidance on Part 9 (Corporate Parenting) of the Children and Young People (Scotland) Act 2014. Edinburgh: Scottish Government.
- Scottish Government. (2016). Children and Young People (Scotland) Act 2014: Guidance on Part 10: Aftercare. Edinburgh: Scottish Government.
- Scottish Office. (1997).Scotland’s Children: The Children (Scotland) Act 1995, Regulations and Guidance Volume 2 Children Looked After by Local Authorities. Edinburgh: Scottish Office.
Community Payback Orders
- Scottish Government. (2019). Community Payback Orders Practice Guidance. Edinburgh: Scottish Government.
Mental health orders
- Criminal Procedure (Scotland) Act 1995
- Mental Health (Scotland) Act 2015
- Mental Health (Care and Treatment) (Scotland) Act 2003
- Mental Welfare Commission for Scotland
- Mental Welfare Commission for Scotland Mental Health Act
- Scottish Government. (2005). The New Mental Health Act A guide for people involved in criminal justice proceedings. Edinburgh: Scottish Government.
- Sexual Offences Act 2003
- Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
- Criminal Justice and Licensing (Scotland) Act 2010
- Multi-Agency Public Protection Arrangements (MAPPA)
- Families Outside Information About the Sex Offender Register Information Sheet
- Families Outside Picking Up The Pieces
- Families Outside When someone is convicted of a serious/sex offence
- Scottish Government. (2014). Multi Agency Public Protection (MAPPA) National Guidance. Edinburgh: Scottish Government.
- Scottish Government. (2016). Multi Agency Public Protection (MAPPA) National Guidance. Edinburgh: Scottish Government.
- Scottish Government. (2018). Multi-Agency Public Protection Arrangements (MAPPA) in Scotland National Overview Report 2017/18. Edinburgh: Scottish Government.