Hansard

I am grateful for the opportunity to discuss the draft Retention of Samples etc (Children’s Hearings) (Scotland) Order 2011 with the committee. The order is an important part of the package of measures on DNA and other forensic data agreed in the Criminal Justice and Licensing (Scotland) Act 2010. The majority of that act’s provisions relate to samples taken from adults who are dealt with through the court system. As committee members will recall, for children’s hearings we recognised that it may not be appropriate for DNA and other forensic data to be retained for the full list of sexual or violent crimes that is set out in section 19A(6) of the Criminal Procedure (Scotland) Act 1995.The instrument specifies the particular sexual and violent offences where samples may be retained following a children’s hearing. In doing so, it responds directly to concerns that were set out in the committee’s stage 1 report on the Criminal Justice and Licensing (Scotland) Bill in 2009. The committee recognises, as does the Government, that this is a very sensitive area—I will not pretend otherwise. However, I want to reassure the committee on a number of counts. We are clear that the majority of children—in fact, the vast majority—who are referred to hearings can and should be dealt with without any requirement to retain forensic samples. As I said to the committee last year:“we do not want to retain the DNA of children who are involved in playground scuffles”.—Official Report, Justice Committee, 27 April 2010; c 3016.I should also stress that we have no wish to stigmatise children or affect their lives for years to come. One of the great strengths of Scotland’s children’s hearings system is that early and appropriate intervention can help a young person to address their issues and become a responsible member of Scottish society. However, sadly, there is a small number—a very small number—of youngsters who commit serious sexual or violent offences. The legislation recognises that fact, as it must. We estimate that the provisions relating to samples would affect up to 100 children a year. That estimate was based on more than 15,000 children being referred to the hearings system on offence grounds in 2006-07.The purpose of the order is to specify which offences will trigger the retention of samples where a child has been referred on offence grounds and the child and their relevant adult—mostly a parent—accept those grounds, or the grounds are established by a sheriff. The order lists those offences that we consider to be the more serious sexual or violent offences. As such, we believe that it provides an appropriate balance between the needs and rights of the individual child and the need to protect the wider public.To help achieve that balance, the 2010 act built a number of safeguards and conditions into the process. First, only forensic data that have been taken from a child who is arrested or detained under suspicion of committing an offence can be retained. Secondly, the child would need to be referred to a children’s hearing on the grounds of having committed a relevant sexual or violent offence—that is, one of the offences prescribed in the order. Thirdly, a child and their relevant adult—a parent or guardian—must accept that the child has committed the offence that forms the grounds of referral or, where the matter is referred to a sheriff, he or she makes such a finding.I should reassure the committee that we are developing, with the help of our stakeholders, detailed guidance on the new measures for reporters, panel members, the police and other stakeholders. In addition, we will continue to work with stakeholders to keep the list of offences under review.I am sure that committee members will have questions on the issues that are raised by the draft order, but I believe that the response that we have produced today is proportionate, which was the requirement that the committee suggested we should comply with. I am happy to answer questions.