Lesson 8.2 - Youth offending and grounds for statutory referral Flashcards
what is the age of criminal responsibility?
If under 8 you cannot be held criminally responsible, you are ‘non age’. Can still be referred to Children’s Reporter on care and protection grounds.
Children under 12 cannot be prosecuted in court, no matter how serious the offence. Those aged 8-11 can be referred to the Children’s Reporter. This can be done under an SPR and you must meet the requirement for sufficiency of evidence.
Age of criminal responsibility is 12
When will a child be prosecuted in court?
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 child is 16 years but not 18 and the reporter has terminated the supervision order. Meaning that they are now an adult and should be treated as such
What are disposable options available to officers regarding older and younger youth offenders?
Younger child- aged 8-15 and those aged 16-17 who are subject to a compulsory supervision order.
- Verbal or written warnings and can include restorative justice warnings.
- Early and effective intervention
- Report by SPR either jointly to COPFS and SCRA or just SCRA.
Older child- aged 16 and 17 who are not subject to a compulsory supervision order.
- Recorded police warning
- Referral to EEI
- SPR to COPFS
If a child is co-accused with an adult offender then they should only be reported if the offence falls within the the Lord Advocates Guidance.
When can you caution and charge a youth offender?
When there is sufficiency of evidence. This should be done in the presence of a parent or guardian. The report should then be forwarded to the Children’s Reporter and/or the PF- depending on circumstance.
Can you hold a younger child in custody prior to appearance in court?
This should only ever be considered as a last resort.
If they are held in custody, it should be a place of safety, this not being a police station. Unless an inspector or above certifies that the keeping of a child in any place other than a police station would be; impracticable, unsafe, or inadvisable due to the persons state of health.
Older children continue to be dealt with through the adult criminal justice system and will continue to be held in a police station if being kept for court.
What is SCRA?
Scottish Children’s Reporter Administration.
They are the statutory body responsible for the Children’s Reporter Service headed by the Principle Reporter.
The reporter is key for dealing with kids. They communicate with Police, PF and other relevant authorities- to make the best decision for a child.
The reporters primary function is to receive referrals for children and young people who are believed to require compulsory supervision orders. The reporter then decides whether they need a Children’s Hearing.
A referral to the Reporter will be made where there are concerns for the welfare of a child. And where the person making the referral considers that intervention on a compulsory basis maybe necessary.
What is a childrens hearing?
Three panel members present. If compulsory supervision measures are appropriate they will impose it, which may be renued annually until the child becomes 18.
In most cases a child will continue to live at home under the supervision of a social worker. But in some cases they will be with relatives or foster parents
What is meant by “early and effective intervention for young offenders”?
If you deal with offending in school effectively, it may not continue into adulthood.
The process of EEI links the police service with partners involved with children and families and allows information to be shared about offending behaviour.
It aims to
