Concurrent orders

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:

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:

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):

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:

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