A blue graphic has an orange magnifying glass in the top left corner and an orange scales of justice in the bottom right corner. The word "Investigation" is in the middle of the graphic in red text. The red and white logo of the Children and Young People's Commissioner Scotland is in the top right corner.

Terms of Reference: Investigation

TERMS OF REFERENCE 

IN

AN INVESTIGATION UNDER SECTION 7

OF

THE COMMISSIONER FOR

CHILDREN AND YOUNG PEOPLE (SCOTLAND) ACT 2003

  1. The Children and Young People’s Commissioner Scotland (“the Commissioner”) intends to exercise her powers under section 7 of the Commissioner for Children and Young People (Scotland) Act 2003 (“the 2003 Act”) to conduct an investigation into the following subject.
  • Children in Scotland are more than twice as likely as adults to be subject to the use of force by the Police (Children and Young People’s Contact with the Police, Briefing No. 14, Scottish Police Authority, May 2023). 
  • This investigation will consider the extent to which regard is had to the rights, interests and views of children in the use of force against them by the Police. 
  • This includes, inter alia, articles 1, 2, 3, 4, 16, 19, 23, 37 and 40 of the United Nations Convention on the Rights of the Child (“the UNCRC”).
  • This may, inter alia, include practices around:
  1. the recording, collation and publication of disaggregated data, the specification and definitions applied
  1. the use of different types of force, on different groups, or in different situations

In respect whereof

Children and Young People’s  Commissioner Scotland

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