Youth Sentencing - Scotland

Question 1

Intro

Answer 1

Youth sentencing complex area of law
- Aims to provide rehab to young offenders back into society

Scottish systems understand that young offenders have a large potential to change due to their developmental stage

Faces challenges such as the prospects of young offenders & the interest of public safety

Question 2

Framework of Youth Justice

Answer 2

Children’s Hearing System is Scotland’s route to youth justice

Aims to deter young people from formal criminal justice process

Children under 16 dealt with a panel of experts such as social workers and legal representatives rather than in criminal courts

Question 3

Philosophy of Youth Sentencing

Answer 3

Age of Criminal Responsibility (Scotland) Act 2019 raised age of criminal responsibility from 8-12 matching many European standards

Displays belief that youngsters shouldn’t be held criminally responsible for actions when they may not understand the consequences

Supervision orders & community sentences preferred over custodial sentences to try prevent repeat offences

Question 4

Philosophy - Options

Answer 4

Supervision order
- Young person supervised by social worker in order to address issues

Custody
- Severe cases may lead to offenders being placed in a secure care unit instead of prison

Question 5

Challenges - Reliance on Detention

Answer 5

Despite positive approach, still several challenges

Concerns young people may still end up in secure units

Problematic if detention becomes punishment rather than rehabilitation

Debate whether sufficient alternatives exist

Question 6

Challenges - Mental Health

Answer 6

Young offenders may have mental health issues

Mental health services overstretched meaning they don’t receive support

Lack of training for those within youth justice system

Question 7

Conclusion

Answer 7

Youth sentencing rooted in believing offenders have potential to change

Challenges remain to ensure system can support young people and issues they have to prevent reoffending

Scotland focus on rehabilitation however reforms needed to improve effectiveness

Further training may be needed to ensure workers understand young offender’s needs with the hope of preventing reoffenders