Secure care
Moving on from secure care on licence

Courts or the Parole Board for Scotland may place restrictions on a child when they leave secure care. These restrictions can include limits on the child’s movement, contact with others and behaviours for the purpose of managing the risks that a child’s behaviour may pose to others. As with any conditions or sentence, it is important that licence conditions, the responsibilities placed on the child, and the consequences of non-compliance are fully explained to the child. Given the serious consequences of breaching conditions, including the potential return to secure care or custody, it is important to ensure that they understand the explanation provided and this is given in an understandable and age and stage appropriate manner.

Children subject to sentences of less than four years

Children subject to sentences of four years or more

Parole Board for Scotland

Approximately 16 weeks prior to the child being considered for release, a dossier - including reports from the social work service in the local authority the child intends to reside, the secure care centre or YOI the child has been placed in, and a psychiatrist and/or psychologist, if required - will be compiled and sent to the Parole Board for Scotland. This information supports consideration of and the setting of licence conditions, which will be in place until the child's sentence end date. The child will be provided with a copy of the dossier and given the opportunity to make written representations to the Parole Board on its contents.

Licence conditions

The Children and Young Person's (CYP) Placement Manager acting on behalf of Scottish Ministers will set the licence conditions for release for those children who have been sentenced to less than four years for sexual offences. The license will expire on the same date as the full sentence.

The Parole Board for Scotland sets the licence conditions for all children sentenced under section 205(2) and 208 Criminal Procedure (Scotland) Act 1995. All children sentenced under section 208 are released on licence, which will expire on the same date as the full sentence. Children sentenced under sections 205(2) or 208 to detention without limit of time are released on life licence.

A person released and returned to the community but still on licence or under supervision is supervised by a social worker from the local authority where they are residing.

Staff from the secure care centre can contribute to setting the licence conditions based on assessments and interventions undertaken during a child’s stay in secure care.