Lesson 8.2 - Youth Offending and Grounds for Statutory Referral

Question 1

Who Will Prosecute or Decide if Prosecution is an Option?

Answer 1

The Lord Advocate will decide whether a child is to be prosecuted by the courts or referred to the reporter, however the PF will make this decision based on The Lord Advocate’s Guidelines

Question 2

What doe The Lord Advocate’s Guidelines dictate?

Answer 2

A child will only be prosecuted in the courts if:

• The crime/offence would be dealt with on indictment or solemn procedure
• The alleged offence would result in a child of 15 years or over being disqualified from driving (The reporter would not have the authority to impose this)
• The child is 16 years but not yet 18 years and the reporter has terminated the supervision order. Hence they are now an adult and will be treated as such

Question 3

What are the procedural steps for reporting a child?

Answer 3

• Submission of Child details (e.g. Concern Report)
• Informal Warning
• Restorative Warning
• Reporting of youth offenders
• Arrest of youth offender

Question 4

Under Section 169 of the Children’s Hearings (Scotland) Act 2011, what powers do the Police have when a child absconds from a place?

Answer 4

Arrest and return the absconder to that place. Where there are reasonable suspicions the absconder is within a premises a court may grant a warrant to search the premises for the child

Question 5

Under Section 170 of the Children’s Hearings (Scotland) Act 2011, what powers do the Police have when a child absconds from a person?

Answer 5

Arrest and return the absconder to that place. Where there are reasonable suspicions the absconder is within a premises a court may grant a warrant to search the premises for the child

Question 6

What does Section 171 of the Children’s Hearings (Scotland) Act 2011 create an offence for any person to knowingly do?

Answer 6

• Assist or induce a child to abscond
• Harbour or conceal a child who has absconded
• Prevent a child from returning to a place of safety, to a relevant place

Question 7

Section 171 of the Children’s Hearings (Scotland) Act 2011 create an offence for any person to intentionally obstruct who?

Answer 7

• A person acting under a child assessment order
• A person acting under a child protection order
• A person acting under an order under Section 55 (removal of child by named person)
• A constable acting under section 56(1) (removal of a child by police)