Engaging with the Scottish Parliament and Government

Engaging with the Courts and legal sector

  • In 2018 we intervened in writing in Supreme Court cases involving the disclosure systems in England and Wales and Northern Ireland(In the matter of an application by Lorraine Gallagher for Judicial Review (Northern Ireland) R (on the application of P, G and W) (Respondents) v Secretary of State for the Home Department and another (Appellants) R (on the application of P) (Appellant) v Secretary of State for the Home Department and others (Respondents) [2019] UKSC 3). Our intervention set out the system of disclosure of childhood offending in Scotland (read it here). The judgment of 30 January 2019 found youth reprimands and warnings (now youth cautions) should not be disclosed in criminal record checks, recognising that these are diversionary measures intended for the rehabilitation of children and should not be used to stigmatise or criminalise them in later life. The judgment is relevant to the whole of the UK and it an important recognition of children’s rights.

  • In 2017 we intervened in a Supreme Court case, AB v Her Majesty's Advocate [2017] UKSC 25, relating to the availability of a statutory defence where the person had previously been charged with a relevant sexual offence, even if that charge was during childhood. Read our case summary, our intervention, and our note on the judgment

  • Our Principal Solicitor Alison Reid wrote about people being ‘Caught in the past’following childhood offending in the Journal of the Law Society of Scotland in 2017. The article looked at two cases impacting on the effect of childhood offending behaviour later in life, including one in which we intervened in in the Supreme Court, AB v HMA.

Engaging with the children’s sector

  • We worked with partners in our Strategic Litigation Group working group on disclosure of criminal records

  • We run workshops for professionals working with children and young people on the disclosure of criminal records