Podcast
Questions and Answers
Under what circumstances will a child be prosecuted in the courts?
Under what circumstances will a child be prosecuted in the courts?
- If the child is 15 years old and the offence is minor.
- If the child is currently under a supervision order.
- If the offence results in a fine for the child.
- If the offence would be dealt with on indictment or solemn procedure. (correct)
What happens if a child is 16 or older and the reporter has terminated the supervision order?
What happens if a child is 16 or older and the reporter has terminated the supervision order?
- The child remains a minor and is treated as such.
- The child must continue under supervision regardless.
- The child no longer has any legal obligations.
- The child is treated as an adult and can be prosecuted. (correct)
How is a case dealt with by the reporter classified?
How is a case dealt with by the reporter classified?
- As a civil case with penalties.
- As a prosecution with a conviction label.
- As a judicial review process.
- Not classed as a prosecution but as a finding of guilt. (correct)
Which of the following statements is true regarding the Lord Advocate's Guidelines?
Which of the following statements is true regarding the Lord Advocate's Guidelines?
What terminology is consistent with the Criminal Justice (Scotland) Act, 2016?
What terminology is consistent with the Criminal Justice (Scotland) Act, 2016?
When can a child aged 15 years be disqualified from driving as part of a prosecution?
When can a child aged 15 years be disqualified from driving as part of a prosecution?
What is the primary goal of Early and Effective Intervention (EEI) for young offenders?
What is the primary goal of Early and Effective Intervention (EEI) for young offenders?
What is required for a compulsory supervision order to be considered for a child?
What is required for a compulsory supervision order to be considered for a child?
Which of the following is NOT a factor that contributes to ongoing offending?
Which of the following is NOT a factor that contributes to ongoing offending?
Which act construes forced marriage and offers protection regarding individuals likely to be forced into marriage?
Which act construes forced marriage and offers protection regarding individuals likely to be forced into marriage?
Who is responsible for implementing the supervision requirement imposed by the children's hearing?
Who is responsible for implementing the supervision requirement imposed by the children's hearing?
How many Panel Members are present at a children's hearing?
How many Panel Members are present at a children's hearing?
What is an outcome of childhood offending when it is dealt with effectively?
What is an outcome of childhood offending when it is dealt with effectively?
What role do agencies play in the Early and Effective Intervention (EEI)?
What role do agencies play in the Early and Effective Intervention (EEI)?
What kind of individuals compose the Panel Members at children's hearings?
What kind of individuals compose the Panel Members at children's hearings?
What is the maximum age until which a supervision requirement may be renewed?
What is the maximum age until which a supervision requirement may be renewed?
What may be a significant factor contributing to poor educational outcomes in children?
What may be a significant factor contributing to poor educational outcomes in children?
Which of the following does not represent an early intervention strategy for young offenders?
Which of the following does not represent an early intervention strategy for young offenders?
What is the main focus of the children's hearing when making decisions about a child?
What is the main focus of the children's hearing when making decisions about a child?
What does S61 of the Children’s Hearing (Scotland) Act 2011 mandate police to do?
What does S61 of the Children’s Hearing (Scotland) Act 2011 mandate police to do?
What is the importance of addressing childhood offending early?
What is the importance of addressing childhood offending early?
What is typically expected of the child concerning their living situation under a supervision requirement?
What is typically expected of the child concerning their living situation under a supervision requirement?
What is considered an offence under section 12 of the Children and Young Persons (Scotland) Act 1937?
What is considered an offence under section 12 of the Children and Young Persons (Scotland) Act 1937?
Which offence is directly related to a young child under the age of 17 years?
Which offence is directly related to a young child under the age of 17 years?
Under the Prohibition of Female Genital Mutilation (Scotland) Act 2005, what is a critical aspect regarding victims?
Under the Prohibition of Female Genital Mutilation (Scotland) Act 2005, what is a critical aspect regarding victims?
Which of the following describes an offence under section 20 of the Sexual Offences (Scotland) Act 2009?
Which of the following describes an offence under section 20 of the Sexual Offences (Scotland) Act 2009?
What does section 28 of the Sexual Offences (Scotland) Act 2009 pertain to?
What does section 28 of the Sexual Offences (Scotland) Act 2009 pertain to?
Which of the following offences involves the use of indecent photographs of a child?
Which of the following offences involves the use of indecent photographs of a child?
Which legislation addresses the act of exposing children under seven to danger?
Which legislation addresses the act of exposing children under seven to danger?
What is the primary focus of section 42 of the Sexual Offences (Scotland) Act 2009?
What is the primary focus of section 42 of the Sexual Offences (Scotland) Act 2009?
What is the primary consideration officers must take into account when dealing with youth offenders?
What is the primary consideration officers must take into account when dealing with youth offenders?
At what age do children in Scotland become criminally responsible under the Age of Criminal Responsibility Act?
At what age do children in Scotland become criminally responsible under the Age of Criminal Responsibility Act?
What action can be taken for a child under 12 years of age who commits an offence?
What action can be taken for a child under 12 years of age who commits an offence?
Which of the following must be balanced with the safeguarding of a child's wellbeing during police procedures?
Which of the following must be balanced with the safeguarding of a child's wellbeing during police procedures?
Which document may be submitted when referring a child under the age of criminal responsibility for care grounds?
Which document may be submitted when referring a child under the age of criminal responsibility for care grounds?
What did the Age of Criminal Responsibility (Scotland) Act, 2019 achieve?
What did the Age of Criminal Responsibility (Scotland) Act, 2019 achieve?
What is NOT a consideration in the procedures for handling youth offenders?
What is NOT a consideration in the procedures for handling youth offenders?
Which aspect must police officers document as per statutory requirements when dealing with youth offenders?
Which aspect must police officers document as per statutory requirements when dealing with youth offenders?
Study Notes
Youth Offenders and Their Rights
- Youth offenders (under 18) have their wellbeing prioritized during arrest, custody, interviewing, and charging processes.
- Officers must balance the child’s wellbeing with the need for crime investigation and victim rights.
- Children under 12 are not criminally responsible and cannot face prosecution for offenses.
Age of Criminal Responsibility
- The Age of Criminal Responsibility (Scotland) Act, 2019 raised the age from 8 to 12, effective December 17, 2021.
- Children under 12 cannot be reported to the COPFS or Children’s Reporter but can be referred for care and protection via a Concern Form (iVPD).
Prosecution Decisions
- The Lord Advocate decides whether to prosecute or refer a child; typically, cases dealt with by the police follow guidelines from the Lord Advocate.
- Prosecution is limited to serious crimes, driving disqualifications for children over 15, or cases where a child aged 16+ is no longer under a supervision order.
- Cases dealt with by the Children’s Reporter do not result in formal convictions; rather, decisions are noted as "findings of guilt".
Reporting Obligations
- Under S61 of the Children’s Hearing (Scotland) Act 2011, police must inform the Principal Reporter if a child needs protection or supervision.
- The Principal Reporter assesses the situation and decides on necessary interventions with the child’s best interests in mind.
Children's Hearings
- A children's hearing consists of three lay panel members who evaluate the child’s circumstances and determine suitable actions.
- Compulsory supervision requirements may be imposed, with conditions designed to support the child's development, often allowing the child to remain at home under supervision.
Early and Effective Intervention (EEI)
- EEI aims to address youth offending right away, with evidence suggesting early intervention can prevent future criminal behavior.
- Contributing factors to ongoing youth offending include childhood abuse, domestic violence, poor parental relationships, behavioral issues, and educational difficulties.
- Collaborations among various agencies ensure comprehensive support tailored to the needs of young offenders.
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Description
This quiz explores the procedures for handling youth offenders within the justice system, focusing on protecting their rights and wellbeing. It highlights the importance of considerations like Early and Effective Intervention, ensuring that the needs of young persons are prioritized during arrest, custody, and interviewing.
