Children’s Hearings System

Question 1

Children’s Hearing System

Answer 1

• Scotland has a unique care and justice system, which is different from
  juvenile justice systems elsewhere in the UK and the world.
• In Scotland, children (those under the age of 16) are only considered for
  prosecution in court for serious offences such as murder or assault
  which puts a life in danger.
• Children who are victims or perpetrators of crime can be referred to the
  Children’s Reporter and the Children’s Hearings System.
• “Our vision is that vulnerable children and young people in Scotland
  are safe, protected and offered positive futures.”

Question 2

What if a child commits a crime?

Answer 2

• If anyone under 16 engages in harmful behaviour, they could be referred to
  the Children’s Reporter.
• In Scotland, the age of criminal responsibility is 12.
• If the child is under 12, the Children’s Reporter could refer the case to a
  Children’s Hearing on ‘non-offence grounds’. This means the hearing will be
  about caring for and protecting the child.
• If the child is 12 or older, the Children’s Reporter decides whether to refer
  the case to a Children’s Hearing on ‘offence grounds’ or to a criminal court.

Question 3

Referrals

Answer 3

Referrals are usually made by:
* The Police
* Social Services
* Educational Departments

Potential reasons for a referral
* Not going to school
* Being in trouble with the police
* Drinking alcohol or taking drugs
* Behaving in a way that is concerning
parents, carers or your school
* Someone is worried that you are not being
cared for properly
* Someone has hurt you or your family