Children (Care and Justice) Bill: Financial Memorandum

Closed 2 Apr 2023

Opened 25 Jan 2023

Published responses

View submitted responses where consent has been given to publish the response.


About the Bill

The Bill has four main parts.

The first part changes the definition of “child” in the children’s hearings system from someone under 16 to someone under 18. This part makes some other changes which include offering more guidance for children who turn 18.

The second part makes changes to criminal procedure in relation to children, including the kind of accommodation and safeguarding that is used. This includes stopping children under 18 from going to a young offenders institution (YOI) or prison. It adds restrictions on what information can be reported about a child suspected of a crime. It also makes changes to court and custody arrangements for children.

The third part of the Bill makes changes relating to the regulation of secure accommodation and how it is used. It also alters regulatory requirements around Scottish care placements for children from other parts of the UK. The fourth part of the Bill is about antisocial behaviour orders, named persons and child’s plans.

Current status of the Bill 

This Bill was introduced in the Scottish Parliament by the Cabinet Secretary for Education and Skills on 13 December 2022.

Read and find out more about the Children (Care and Justice) (Scotland) Bill..

Stage 1

The lead Committee responsible for scrutiny of the Bill at Stage 1 has yet to be designated. A separate call for views on the Bill’s policy provisions will be issued by the lead Committee in due course and published on this consultation platform.

Financial Memorandum

As with all Bills, the Finance and Public Administration Committee invites written evidence on the estimated financial implications of the Bill as set out in its accompanying Financial Memorandum (FM).

Read the FM published alongside this Bill.


  1. Did you take part in any consultation exercise preceding the Bill and, if so, did you comment on the financial assumptions made? 
  2. If applicable, do you believe your comments on the financial assumptions have been accurately reflected in the FM?
  3. Did you have sufficient time to contribute to the consultation exercise?
  4. If the Bill has any financial implications for you or your organisation, do you believe that they have been accurately reflected in the FM? If not, please provide details.
  5. Do you consider that the estimated costs and savings set out in the FM are reasonable and accurate? 
  6. If applicable, are you content that your organisation can meet any financial costs that it might incur as a result of the Bill? If not, how do you think these costs should be met? 
  7. Does the FM accurately reflect the margins of uncertainty associated with the Bill’s estimated costs and with the timescales over which they would be expected to arise? 

How to submit your views

Please submit your views using the online submission form, linked to below.

We welcome written views in English, Gaelic, Scots or any other language. 

The call for views closes on Sunday 2 April 2023.


  • FPA