Social Issues in the United Kingdom Crime 7_The Scottish Juvenile Justice System

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Learning Intentions What is the Children’s Hearing System and how is it unique How does it work What are its criticisms and strengths What are recent changes

Youth Crime in Scotland There were 1095 crimes among under-10s reported to police in Over 3200 crimes, including knife carrying, assault and sexual exposure, are alleged to have been committed by children under 10 in the past 3 years. Strathclyde had the highest rate of reporting for child offending in Scotland in , with police responding to 212 incidents. Two 8 year olds were found carrying knives and two 9 year olds were reported for a sexual assault on a girl in the region. Other alleged crimes include instances of breach of the peach, vandalism and racially aggravated conduct. Under Scots law, children under the age of 8 are not held criminally responsible for their actions but can be referred to the Children’s Hearing System on welfare grounds. Children between the ages of 9 and 12 and over can be prosecuted in court, if the offence is considered serious enough.

1. How many crimes committed by children under the age of 10 were reported to the police? 2. What area in Scotland had the highest rate of child offending? 3. Consider what factors might impact the number of offences recorded? 4. Under Scots law what is the age of criminal responsibility?

The Children’s Reporter Scotland has its own justice system when dealing with people under 16(and occasionally under 18). The system was implemented on the recommendation of the Kilbrandon Report and is part of the Children (Scotland) Act The Procurator Fiscal decides whether or not to prosecute and may refer children to the Children’s Reporter. The Children’s Reporter receives referrals regarding children and decides if action is required. Referrals can be made by the police, social workers health and education professionals, member of the public and even the children themselves. Offence referrals to the Children’s Reporter have fallen by 66% since The Children’s Reporter can arrange a hearing if they feel it may be necessary to introduce measures to support the child.

Complete the statements about the children’s reporter. HeadTail Scotland has its own justice system… The Procurator Fiscal decides whether or not to prosecute… The Children’s Reporter receives referrals regarding children… Offence referrals to the Children’s Reporter… The Children’s Reporter can arrange a hearing… …have fallen by 66% since …if they feel it may be necessary to introduce measures to support the child. …and may refer children to the Children’s Reporter. …referrals can be made by the police, social workers health and education professionals, member of the public and even the children themselves. …the system was implemented on the recommendation of the Kilbrandon Report.

The Children’s Hearing System The Children’s Hearing System was introduced in Hearings are intended to support the child in an informal environment they feel comfortable in and they try to deal with the root causes of any problems. Hearings target both offending behaviour and welfare concerns, and aim to provide a safe environment for the child to discuss issues and problems. The child is present at every meeting and they can bring a person of their choosing as well as their parents or guardians. Parents or guardians may be fined if they do not attend hearings, but in some cases they may be asked to leave the room if it makes the child more comfortable. Meetings take place in the child’s local area with three adult children’s hearing members present. The panel must be made up of both men and women, and there are around 2500 people across Scotland who volunteer for this role. They are impartial and fully trained. Every Scottish local authority has a children’s hearing panel.

Explain why…. …do you think the meetings take place in an informal environment? …why do the hearings cover offending behaviour and welfare concerns? …why is the panel made up of men and women? …why are parents sometimes asked to leave the room?

Create a diagram to show the reasons children may appear before a hearing. Use colour and illustrations. Are beyond control of their parents or guardians Are at risk of moral danger Are the victim of an offence Are likely to suffer from serious harm Are misusing drugs, alcohol or solvents Have committed an offence Are subject to an ASBO Are not attending school regularly

Children’s Hearing System 1. ‘The Children’s Hearing system used in Scotland is widely admired. Explain, in detail, why the children’s Hearing system used in Scotland is widely admired. 2. ‘The children’s Panel deals with some of the problems faced by young people.’ Describe, in detail, ways in which the children’s panel deals with some of the he problems faced by young people. 3. Criticism of the Children’s Hearing System in Scotland led to changes being introduced. Explain, in detail, why criticism of the Children’s Hearing System in Scotland led to changes being introduced.

Hints and Tips Knowledge questions will have four, six or eight marks allocated and you will need to answer two questions – one describe question and one explain question In a describe question up to three marks can be awarded for each description you make, depending on the quality, level of detail, relevance, accuracy and exemplification. In an explain question, a maximum of four marks can be given for each detailed point you give, depending on their quality, level of detail, relevance, accuracy and exemplification.

1. ‘The Children’s Hearing system used in Scotland is widely admired. Explain, in detail, why the children’s Hearing system used in Scotland is widely admired. 6m The Children’s Hearing system used in Scotland is widely admired because it links welfare concerns and offending. The reason this is to be admired is that it tries to tackle problems before they occur. For example if they are being neglected at home they are likely to feel socially excluded which could make them more likely to offend. If we can solve the welfare concern then maybe we can stop the offending. Another reason why it is widely admired…(primary concern is child’s wellbeing) And a final reason why it is widely admired…(system aims to make the child feel comfortable)

1. ‘The Children’s Hearing system used in Scotland is widely admired. Explain, in detail, why the children’s Hearing system used in Scotland is widely admired. 6m The Children’s Hearing system used in Scotland is widely admired because it links welfare concerns and offending. The reason this is to be admired is that it tries to tackle problems before they occur. For example if they are being neglected at home they are likely to feel socially excluded which could make them more likely to offend. If we can solve the welfare concern then maybe we can stop the offending. Another reason why it is widely admired is because its main aim is to keep children safe both now and in the future. Referrals to the system can be made by the police, social workers health and education professionals, member of the public and even the children themselves. All these organisations work together to try and keep the child safe, either from themselves or others. The main aim is not punishment but safety. And a final reason why it is widely admired is the system aims to make the child feel comfortable. The child is present at every meeting and they can bring a person of their choosing as well as their parents or guardians. Parents or guardians may be fined if they do not attend hearings, but in some cases they may be asked to leave the room if it makes the child more comfortable. The child is an active participant in the system.

What a hearing can recommend They can recommend discharging the referral because they feel that no action is needed. Or if action is required the panel can recommend, a compulsory supervision order (CSO). In most cases a child will stay in their own home and placed under the supervision of a social worker. Or they could be placed in care, which could be secure accommodation. The CSO may also stop them for hanging out with certain people. Or they might be forced into rehab or behaviour programme. Or be given an electronic tag to restrict movements. If a family wish to appeal a decision they can do so via the Sheriff Court within 21 days. A panel may also refer a case to the Sheriff Court if they are unsure how to proceed.

2. ‘The children’s Panel deals with some of the problems faced by young people.’ Describe, in detail, ways in which the children’s panel deals with some of the problems faced by young people. Use the information from the previous slide…6m One way in which the children’s panel deals with some of the problems faced by young people is putting them under a Compulsory Supervision Order (CSO). This might mean they are assigned to a social worker, who is there to ensure they remain safe in the home and the community. The CSO might also involve…(remove a child and put them into care) Finally the CSO could…(electronic tagging)

2. ‘The children’s Panel deals with some of the problems faced by young people.’ Describe, in detail, ways in which the children’s panel deals with some of the he problems faced by young people. Use the information from the previous slide…6m One way in which the children’s panel deals with some of the problems faced by young people is putting them under a Compulsory Supervision Order (CSO). This might mean they are assigned to a social worker, who is there to ensure they remain safe in the home and the community. The CSO might also involve removing a child from their home and put them into care. This could be staying with other family members a foster family or in secure accommodation. This decision might be made to keep the young person safe either from a family member or people in their community or safe from dangerous influences. Finally the CSO could order electronic tagging. This would be an electronic tag on the ankle to monitor the movements of the young person and insure that they avoid certain areas or remain in the home. This decision could be made to keep them safe or to keep them out of trouble, such as getting involved in anti-social behaviour in the community.

Strengths and Criticisms StrengthsCriticisms Key strengths ethos of the system (Ideas behind it) participation of families and children in hearings informality at hearings Kind of attributes the panel members have rights (appeal or review) are available to families keeps children and young people out of the criminal justice system. Other strengths involves several agencies produces 'good' decision making protects children and young people. Key weaknesses lack of resources ethos of the system limited participation by families in hearings formality of the system attributes of panel members rights of families not fully protected. Other weaknesses lack of attention to victims in the system lack of (accurate) public awareness of the system restriction on children and young people at hearings because of parental presence insufficient training of panel members panel's lack of influence over implementation of decisions made at hearings.

3. Criticism of the Children’s Hearing System in Scotland led to changes being introduced. Explain, in detail, why criticism of the Children’s Hearing System in Scotland led to changes being introduced. Criticisms of the Children’s Hearing System caused changes to be made because these criticisms showed weaknesses in the system. One weakness that was identified was the ethos of the system. The ethos of the system aims to ensure children’s safety is the most important thing, even over punishment. This is a good thing for the young person who committed the crime, that they will get support to help them, but it is not good for the victims of their crime. The victims won’t get any satisfaction from punishment, because it has not been provided. Another weakness of the system was the restriction of children because of parental presence. The hearing cannot go ahead without the presence of the parent or guardian. This means that if a parent does not cooperate, then the panel hearing cannot go ahead, which is very frustrating for everyone concerned. This means that the situation cannot get resolved. One more weakness of the system was the formality of the system. Many young people and some parents may feel intimidated by attending the panel meeting. They may feel nervous and unable to explain themselves well. This may mean they end up very unhappy with the result. A final weakness is lack of resources. Panel members decisions might be affected by the money available. They might not make the best decision for the child, but only the best decision available. For example, to send a young person into secure accommodation is expensive, but they may be given an electronic tag because it is cheaper. This may not give the young person the best chance at rehabilitation.

3. Criticism of the Children’s Hearing System in Scotland led to changes being introduced. Explain, in detail, why criticism of the Children’s Hearing System in Scotland led to changes being introduced. Criticism of the Children’s Hearing System led to changes being introduced, under the Children and Young People Bill These changes were introduced to deal with weaknesses in the system that were being criticised. Such as the ethos of the system, which aims to help and support young people. It introduced more support for children and young people and to help identify any problems at an early stage, rather than waiting until a child or young person reaches crisis point. Another criticism of the system was restriction on children and young people at hearings because of parental presence. The bill provides extra help for looked after children and young people in care. This means more support if the young person doesn’t want their parents present at meetings if there is a difficult relationship with the parent. The final criticism of the system was the lack of attention to victims in the system. The Scottish Government has tried to strengthen the rights of children and young people in Scotland through the bill by encouraging Scottish Ministers and Public Bodies to think about these rights and how they relate to their work. This should ensure that the rights of children are protected.

Ethos – Ideas Behind the System The ethos of the system, identified as its greatest strength, and has attracted widespread support. Among its characteristics were deemed to be its focus on the child and their welfare; the avoidance of punishment and its attempt to look behind the deeds of children and young people to identify and address their needs and 'best interests' on an individual basis; and flexibility. However, some thought, the ethos of the Children's Hearings system, was either too soft or too hard. The greatest weakness in the system was said to be a shortage of resources. The powers of Reporters and panel members to command resources are limited, in contrast to some others, such as sheriffs in the criminal justice system. The main resource shortages identified were in respect of older children and young people who persistently offended and those who persistently truanted from school.

Changes to the justice System The Children and Young People Bill 2013 In creating the Children & Young People (Scotland) Act, the Scottish Government has tried to strengthen the rights of children and young people in Scotland by encouraging Scottish Ministers and Public Bodies to think about these rights and how they relate to their work. It has also created new systems to support children and young people and to help identify any problems at an early stage, rather than waiting until a child or young person reaches crisis point. The Act is very wide-ranging. It also: ◦ increases the powers of Scotland's Commissioner for Children and Young People ◦ makes changes to early learning and childcare ◦ provides extra help for looked after children and young people in care ◦ provides free school dinners for children in Primary 1-3. Further Reading: Link to the Children's Commissioner's Page

Young Offenders Young people can be sent to a young offenders’ institution if they have been found guilty of crimes or whilst they are on remand and awaiting trial. Prisoners take part in activities that education, develop skills and personal qualities, and prepare them for life outside prison. They are also encouraged to exercise regularly. Young offenders can undertake educational courses and gain qualifications in trades such as bricklaying and joinery. There is also a range of rehabilitation programmes and courses such as the Violence Prevention Programme (VPP). Polmont Young Offenders’ Institutional (YOI) near Falkirk is Scotland’s national holding facility for young male offenders aged between 16 and 21 years of age. Sentences range from 6 months to life and the average sentence length is between 2 and 4 years. HMP (Her Majesty’s Prison) Cornton Vale in Stirling houses female young offenders in Scotland.

Create a mind map detailing information about young offenders. Where? Why? Future Activities

Impact The reconviction rate for young offenders under the age of 21 was 36% in compared to 42% in

Reflect Summarise key areas from this lesson cycle in blue. You have 10 mins.