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appropriate response to those challenges. Amendment 119 would import a concept from murder charges into a child-centred process and could undermine the bill’s key principle of decriminalisation. It would obscure the clarity of the bill’s approach. The amendment’s meaning and intent are unclear and its consequences are unknowable. As drafted, amendment 119 applies to all children—for example, a three-year-old would fall within its scope—and to all grounds of referral, regardless of whether the decision is about the child’s conduct. The effect of all that is unknowable. As drafted, the purpose of the amendment is unclear. It gives no clarity on how the medical report will affect the outcomes of the hearing or what the hearing is to do with the report. “a step change is required to improve children and young people’s mental health”. I sympathise with what I think is the intention behind the amendment, which is to ensure that all children who come into contact with the system have their specific needs understood and addressed, and I agree that, when that does not happen, it absolutely shows that there has been a failing in our system. However, I do not think that the amendment is the way to address the issue. We received a little evidence on special defences. We heard about the defence of infancy that was used in England. The area is worth exploring because, fundamentally, it is about children’s rights. It is in such situations that my amendment 119 could be used. To assess whether a child has full capacity, a report would have to be obtained from an approved medical practitioner or psychologist. The assessment would provide further information for the courts and the children’s hearings system in determining what action to take when dealing with a young person. Section 48 provides that samples may be taken with consent from a child aged 12 or over in relation to suspected seriously harmful behaviour of the child when they were under 1 However, the bill does not provide for the destruction of samples that are taken on that basis. Amendment 163 will apply to those cases the same requirements for the destruction of samples that are contained in section 5 That is, the samples and all information derived from them will be destroyed if a decision is made not to pass information to the principal reporter about the case or following the conclusion of children’s hearing proceedings in connection with the case. Amendment 162 will enable samples that are obtained before the appeal is lodged, or before the police are informed of the appeal, to be retained until the outcome of the appeal is known, although no use can be made of the samples until the appeal is decided. That means that if the appeal is unsuccessful, the sample can be used for the purposes of the investigation and thereafter destroyed in accordance with section 55 or the new section that will be inserted by amendment 16 The crucial point is that that avoids the need for a sample to be taken from the child twice if there

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