MSPs say the Government must provide sufficient resources if young people are to be held in secure care rather than a young offender institute

The Criminal Justice Committee today published their report into the Children (Care and Justice) Scotland Bill. As a secondary Committee scrutinising the Bill, the Committee focused on two provisions - namely, the proposals around the use of secure care rather than YOIs and the rights of children held in police custody.

Highlighting the significantly higher costs that are associated with holding young people in secure care rather than YOIs and the financial burden on local authorities, the Committee say the Government must ensure there is sufficient space and staff resource in the secure care sector to house young people.

The Committee say these secure environments must have well-trained staff and other experts available for the young people's health, mental health and education needs. They also warn these staff resources should not be plucked from other health or social care sectors which could reduce the quality of care in these sectors.

In the report, the Committee say there is a case for a more flexible, individualised system in terms of where young people are placed - one based not on age alone. They say this flexibility could allow for a young person (of 18 years or less) convicted of a very serious offence to be sent to a YOI/prison, or an older person convicted of a less serious charge (say aged 19 to 25) who had additional support needs to be sent to a secure care environment and not a prison.

The Committee broadly support the provisions in the Bill around the rights of children held in police custody. However, they have asked the Scottish Government to seek to ensure that when an adult is contacted about a child’s detention it does not leave children vulnerable to exploitation by criminal groups.

Committee Convener, Audrey Nicoll MSP, said:

“It’s clear there is strong support for the principle that young people aged 18 or under should be placed in a secure care environment rather than a young offender institute. Secure care units both protect the public and offer better care and support to young people.

“However, evidence we received also pointed out that it costs about four times more to keep a young person in secure care than a prison and we are calling on the Scottish Government to ensure adequate resources are in place for any change to be effectively implemented.

“Although the Scottish Government told the Committee they do not currently have plans to allow for individualised assessments at sentencing, we believe this flexibility would be beneficial and is something they should review in the future.

The Convener added:

“We are grateful to all of those organisations and individuals who gave evidence to our Committee, particularly to those who we met privately to talk about their experience of being a young person in secure care and in prison.

“As a secondary committee, it is not the role of the Criminal Justice Committee to make a recommendation to the Scottish Parliament on the general principles of the Children (Care and Justice) (Scotland) Bill. However, we have asked the Education, Children and Young People Committee to take our views into account when producing their own report on this legislation covering all aspects of the Bill.”

The Committee’s report also noted an issue with the Bill which will mean victims of a crime committed by a young person are not entitled to the same information as if an adult had harmed them, as there is no victim notification scheme in place when a child is the offender. While recognising the particular rights of young people, the Committee has asked the Scottish Government to look into this matter further.