Children and the Scottish Criminal Justice System (October 2024)

Author: Kirsty Deacon and Frazer McCallum

PDF Published: Tuesday 08 Oct 2024 (SB 24-46)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Introduction
- Dealing with children in conflict with the law
  - The impact of the Kilbrandon Report
  - Current approach to dealing with offending
  - 16 and 17 year olds
- Age of criminal responsibility
  - Law and practice
  - Debate on appropriate age
- Children's Hearings System
  - Introduction
  - Key elements of the system
  - Possible changes to the children's hearings system
  - Referrals and hearings
- Criminal courts
  - Criminal proceedings and outcomes
  - Youth courts and structured deferred sentencing
  - Children as victims and witnesses
- Children in custody
  - Introduction
  - Children in custody on remand
  - Children in custody having been sentenced
- Retention and disclosure of information
  - Introduction
  - Retention of information
  - Disclosure of information
  - Previous criminal convictions
  - Children's hearings
Sources

Line graph showing the number of children under the age of 18 referred to the Children's Reporter on offence grounds falling from 17,361 in 2005-06 to 2,637 in 2022-23.

Image: Chart 1: Children under 18 referred on offence grounds

Line graph showing the number of children under the age of 18 with a decision to arrange a hearing on offence grounds has fallen from 2,248 in 2005-06 to 79 in 2022-23.

Image: Chart 2: Children under 18 with decision to arrange hearing on offence grounds

Line graph showing the number of proceedings against children under the age of 16 in the criminal courts has fallen from 172 in 2005-06 to 2 in 2021-22.

Image: Chart 3: Proceedings against children under 16 in the criminal courts

Line graph showing the number of proceedings against children age 16 and 17 years old in the criminal courts has fallen from 9,202 in 2005-06 to 619 in 2021-22.

Image: Chart 4: Proceedings against children aged 16 and 17 in the criminal courts

Line graph showing that the total number of 16 and 17 year olds experiencing imprisonment in a year fell from 628 in 2009/10 to 49 in 2022/23.

Image: Chart 5: Total number of 16 and 17 year olds held in a YOI each year

Bar graph showing the numbers of children committed or remanded to secure accommodation under Section 51 of the Criminal Procedure (Scotland) Act 1995 from 2014/15 to 2021/22.

Image: Chart 6: Children committed or remanded to secure accommodation under Section 51 of the Criminal Procedure (Scotland) Act 1995

Committee on Children and Young Persons, Scotland. (1964). The Kilbrandon Report. Retrieved from http://www.scotland.gov.uk/Publications/2003/10/18259/26875

Norrie, K. (2013). Children's Hearings in Scotland. 3rd ed. Edinburgh: W Green.

Scottish Parliament. (2010). Education, Lifelong Learning and Culture Committee. 6th Report, 2010 (Session 3): Stage 1 Report on the Children's Hearings (Scotland) Bill. SPP 460. Retrieved from https://archive2021.parliament.scot/S3_EducationLifelongLearningandCultureCommittee/Reports/edr10-06.pdf

Scottish Parliament Education, Lifelong Learning and Culture Committee. (2010). 6th Report, 2010 (Session 3): Stage 1 Report on the Children's Hearings (Scotland) Bill. SPP 460. Retrieved from http://www.scottish.parliament.uk/parliamentarybusiness/PreviousCommittees/18366.aspx

McNeill, F., & Batchelor, S. (2004). Persistent Offending by Young People: Developing Practice. Series: Issues in community and criminal justice (3). London: National Association of Probation Officers.

McAra, L., & McVie, S. (2023). Raising the minimum age of criminal responsibility: lessons from the Scottish experience. Current Issues in Criminal Justice. doi: 10.1080/10345329.2023.2272362

Scottish Government. (2007). National Performance Framework. Edinburgh: Scottish Government.

McAra, L., & McVie, S. (2023). Raising the minimum age of criminal responsibility: lessons from the Scottish experience. Current Issues in Criminal Justice. doi: 10.1080/10345329.2023.2272362

Children and Young People's Centre for Justice (CYCJ). (2023). Children and young people in conflict with the law: policy, practice and legislation. Glasgow: CYCJ. Retrieved from https://www.cycj.org.uk/wp-content/uploads/2023/08/Section-10-FINAL-1.pdf

Scottish Government. (2021). Justice for children and young people - a rights-respecting approach: vision and priorities. Retrieved from https://www.gov.scot/publications/rights-respecting-approach-justice-children-young-people-scotlands-vision-priorities/pages/4/

Scottish Government. (2015). Preventing offending: getting it right for children and young people. Retrieved from https://www.gov.scot/publications/preventing-offending-getting-right-children-young-people/

Independent Care Review. (2020, February). The Promise. Retrieved from https://thepromise.scot/resources/2020/the-promise.pdf

Independent Care Review. (2020). Keep The Promise: Youth Justice. Retrieved from https://thepromise.scot/resources/2020/keepthepromise-youth-justice.pdf

Lightowler, C. (2020). Rights Respecting? Scotland’s approach to children in conflict with the law. Retrieved from https://www.cycj.org.uk/resource/rights-respecting-scotlands-approach-to-children-in-conflict-with-the-law/

Scottish Parliament. (2022, December 13). Children (Care and Justice) (Scotland) Bill: Policy Memorandum Session 6 (2022) SP Bill 22-PM. Retrieved from https://www.parliament.scot/-/media/files/legislation/bills/s6-bills/children-care-and-justice-scotland-bill/introduced/policy-memo-accessible.pdf

United Nations. (n.d.) Convention on the Rights of the Child. Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child

Children and Young People's Centre for Justice. (2021). A Guide to Youth Justice in Scotland: policy, practice and legislation. Retrieved from http://www.cycj.org.uk/wp-content/uploads/2021/06/Guide-to-YJ-Overview-2021.pdf

Crown Office and Procurator Fiscal Service. (2001). Prosecution Code. Retrieved from https://www.copfs.gov.uk/publications/prosecution-code/

Crown Office and Procurator Fiscal Service. (2014, March 1). Lord Advocate’s guidelines: Offences committed by children (updated 21 October 2021). Retrieved from https://www.copfs.gov.uk/publications/lord-advocate-s-guidelines-offences-committed-by-children/

Crown Office and Procurator Fiscal Service. (2015, November 1). Decision making in cases of child accused (updated 29 September 2023). Retrieved from https://www.copfs.gov.uk/publications/decision-making-in-cases-of-child-accused/

Scottish Children's Reporter Administration. (2023). Statistical Analysis 2022-23. Retrieved from https://www.scra.gov.uk/wp-content/uploads/2023/07/SCRA-full-statistical-analysis-2022-23.pdf

Scottish Government. (n.d.) Age of Criminal Responsibility Advisory Group. Retrieved from https://www.gov.scot/groups/age-of-criminal-responsibility-advisory-group/#:~:text=The%20advisory%20group%20was%20established,future%20age%20of%20criminal%20responsibility.

United Nations . (1989). United Nations Convention on the Rights of the Child. Retrieved from https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child

United Nations Committee on the Rights of the Child. (2019). General Comment No. 24 - Children's rights in juvenile justice. Retrieved from https://www.ohchr.org/sites/default/files/Documents/HRBodies/CRC/GC24/GeneralComment24.pdf

Independent Care Review. (2020, February). The Promise. Retrieved from https://thepromise.scot/resources/2020/the-promise.pdf

Hearings System Working Group. (2023, May). Hearings for Children: Hearings System Working Group's Redesign Report. Retrieved from https://thepromise.scot/resources/2023/hearings-for-children-the-redesign-report.pdf

Scottish Government. (2023). Hearings for Children report: response. Retrieved from https://www.gov.scot/publications/scottish-government-response-hearings-children-report/pages/1/

Scottish Children's Reporter Administration. (2023). Statistical Analysis 2022-23. Retrieved from https://www.scra.gov.uk/wp-content/uploads/2023/07/SCRA-full-statistical-analysis-2022-23.pdf

Scottish Executive Social Research. (2006). Evaluation of the Airdrie and Hamilton Youth Court Pilots. Edinburgh: Scottish Executive. Retrieved from https://webarchive.nrscotland.gov.uk/3000/https://www.gov.scot/Publications/2006/06/13155406/0

Scottish Government. (2009). Review of the Hamilton and Airdrie Youth Courts. Retrieved from https://webarchive.nrscotland.gov.uk/3000/https://www.gov.scot/Publications/2009/12/09093018/0

Scottish Government. (2021, February 5). Structured deferred sentences: guidance. Retrieved from https://www.gov.scot/publications/structured-deferred-sentences-scotland-guidance/

Children and Young People's Centre for Justice. (2023, May). Glasgow Youth Court Full Report. Retrieved from https://www.cycj.org.uk/wp-content/uploads/2023/04/Glasgow-Youth-Court-Full-Report-1.pdf

Scottish Government. (2021). Programme for Government 2021-22. Retrieved from https://www.gov.scot/binaries/content/documents/govscot/publications/strategy-plan/2021/09/fairer-greener-scotland-programme-government-2021-22/documents/fairer-greener-scotland-programme-government-2021-22/fairer-greener-scotland-programme-government-2021-22/govscot%3Adocument/fairer-greener-scotland-programme-government-2021-22.pdf

Scottish Government . (2022). Bairns' Hoose: project plan. Retrieved from https://www.gov.scot/publications/bairns-hoose-project-plan/

Health Improvement Scotland and Care Inspectorate. (2023). Bairns' Hoose standards. Retrieved from https://www.healthcareimprovementscotland.scot/publications/bairns-hoose-standards/

Scottish Government. (n.d.) Youth Justice. Retrieved from https://www.gov.scot/policies/youth-justice/secure-care/

Scottish Government. (n.d.) Children's Social Work Statistics. Retrieved from https://www.gov.scot/collections/childrens-social-work/

Police Scotland. (2018, August 2). Recording, Weeding and Retention of Information on Criminal History System (CHS): Guidance. Retrieved from https://www.scotland.police.uk/spa-media/himljwyi/recording-weeding-and-retention-of-info.pdf

Disclosure Scotland. (2023). Types of Disclosure. Retrieved from https://www.mygov.scot/disclosure-types

Last Updated: 2/6 5:54pm