Youth Offenders and Their Rights
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Questions and Answers

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?

  • 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?

  • 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?

    <p>The PF bases decisions on whether to prosecute according to these guidelines.</p> Signup and view all the answers

    What terminology is consistent with the Criminal Justice (Scotland) Act, 2016?

    <p>Finding of guilt and disposal options.</p> Signup and view all the answers

    When can a child aged 15 years be disqualified from driving as part of a prosecution?

    <p>If the alleged offence would result in such disqualification.</p> Signup and view all the answers

    What is the primary goal of Early and Effective Intervention (EEI) for young offenders?

    <p>To provide support and prevent ongoing offending</p> Signup and view all the answers

    What is required for a compulsory supervision order to be considered for a child?

    <p>The child requires protection, guidance, treatment, or control.</p> Signup and view all the answers

    Which of the following is NOT a factor that contributes to ongoing offending?

    <p>Strong parental attachments</p> Signup and view all the answers

    Which act construes forced marriage and offers protection regarding individuals likely to be forced into marriage?

    <p>Forced Marriage etc. (Protection and Jurisdiction) (Scotland) Act 2011</p> Signup and view all the answers

    Who is responsible for implementing the supervision requirement imposed by the children's hearing?

    <p>Children and Families Social Work.</p> Signup and view all the answers

    How many Panel Members are present at a children's hearing?

    <p>Three.</p> Signup and view all the answers

    What is an outcome of childhood offending when it is dealt with effectively?

    <p>Reduced likelihood of continued offending into adulthood</p> Signup and view all the answers

    What role do agencies play in the Early and Effective Intervention (EEI)?

    <p>To assess the needs of young offenders and provide appropriate support</p> Signup and view all the answers

    What kind of individuals compose the Panel Members at children's hearings?

    <p>Lay people with diverse backgrounds.</p> Signup and view all the answers

    What is the maximum age until which a supervision requirement may be renewed?

    <p>18 years old.</p> Signup and view all the answers

    What may be a significant factor contributing to poor educational outcomes in children?

    <p>Behavioral problems</p> Signup and view all the answers

    Which of the following does not represent an early intervention strategy for young offenders?

    <p>Instigating immediate court proceedings</p> Signup and view all the answers

    What is the main focus of the children's hearing when making decisions about a child?

    <p>The child’s best interests.</p> Signup and view all the answers

    What does S61 of the Children’s Hearing (Scotland) Act 2011 mandate police to do?

    <p>Inform the Principal Reporter of relevant information.</p> Signup and view all the answers

    What is the importance of addressing childhood offending early?

    <p>To prevent continued criminal behavior into adulthood</p> Signup and view all the answers

    What is typically expected of the child concerning their living situation under a supervision requirement?

    <p>The child will usually continue living at home.</p> Signup and view all the answers

    What is considered an offence under section 12 of the Children and Young Persons (Scotland) Act 1937?

    <p>Causing or allowing persons under sixteen to be used for begging</p> Signup and view all the answers

    Which offence is directly related to a young child under the age of 17 years?

    <p>Sexual abuse of trust towards a child</p> Signup and view all the answers

    Under the Prohibition of Female Genital Mutilation (Scotland) Act 2005, what is a critical aspect regarding victims?

    <p>The victim must be a child under the age of 17 years</p> Signup and view all the answers

    Which of the following describes an offence under section 20 of the Sexual Offences (Scotland) Act 2009?

    <p>Sexual assault on a young child</p> Signup and view all the answers

    What does section 28 of the Sexual Offences (Scotland) Act 2009 pertain to?

    <p>Intercourse with an older child</p> Signup and view all the answers

    Which of the following offences involves the use of indecent photographs of a child?

    <p>Offences under sections 52 or 52A of the Civic Government (Scotland) Act 1982</p> Signup and view all the answers

    Which legislation addresses the act of exposing children under seven to danger?

    <p>Children and Young Persons (Scotland) Act 1937</p> Signup and view all the answers

    What is the primary focus of section 42 of the Sexual Offences (Scotland) Act 2009?

    <p>Abuse of trust towards children</p> Signup and view all the answers

    What is the primary consideration officers must take into account when dealing with youth offenders?

    <p>The wellbeing of the child</p> Signup and view all the answers

    At what age do children in Scotland become criminally responsible under the Age of Criminal Responsibility Act?

    <p>12 years</p> Signup and view all the answers

    What action can be taken for a child under 12 years of age who commits an offence?

    <p>They may be referred to the Children’s Reporter</p> Signup and view all the answers

    Which of the following must be balanced with the safeguarding of a child's wellbeing during police procedures?

    <p>The need to fully investigate crime</p> Signup and view all the answers

    Which document may be submitted when referring a child under the age of criminal responsibility for care grounds?

    <p>Concern Form (iVPD)</p> Signup and view all the answers

    What did the Age of Criminal Responsibility (Scotland) Act, 2019 achieve?

    <p>Increased the age of criminal responsibility</p> Signup and view all the answers

    What is NOT a consideration in the procedures for handling youth offenders?

    <p>The need for rehabilitation</p> Signup and view all the answers

    Which aspect must police officers document as per statutory requirements when dealing with youth offenders?

    <p>Details of the crime investigation</p> Signup and view all the answers

    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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    Related Documents

    Youth Offending and Grounds for Statutory Referral (Scotland) 2024 PDF

    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.

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