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THE KILBRANDON REPORT

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SCOTTISH HOME AND HEALTH DEPARTMENT SCOTTISH EDUCATION DEPARTMENT

Children and Young Persons
SCOTLAND

REPORT BY THE COMMITTEE APPOINTED BY THE SECRETARY OF STATE FOR SCOTLAND

Presented to Parliament by the Secretary of State for Scotlandby Command of Her Majesty
April, 1964

EDINBURGH
HER MAJESTY'S STATIONERY OFFICE

CONTENTS
Paragraphs
INTRODUCTION
1-4
Part One
I THE BASIC PROBLEM: ITS SCOPE AND THE PRACTICAL ISSUES ARISING
Introductory
5
The children appearing before the courts
6-11
The underlying similarities
12-15
The effectiveness of the present treatment measures: views of witnesses
16-18
Parental responsibility and how it can be furthered
19-34
Social education and what it implies
35-39
II THE JUVENILE COURTS-EXISTING ARRANGEMENTS
Background to the existing arrangements
40-42
The existing juvenile courts
43
Choice of court in individual cases
44
Distribution of juvenile court business
45
The non-criminal jurisdiction of the juvenile courts
46
Variety of juvenile courts-preliminary observations on the evidence received
47-49
III THE UNDERLYING PRINCIPLES
Concepts underlying the juvenile court
50-54
The criminal law as applied to juveniles
55-57
Care or protection proceedings
58-59
Considerations which have governed the application of criminal procedure to children
60-65
Considerations applying in other fields of law
66-67
A suggested alternative
68-71
A new alternative
72-76
The needs of the individual child as the criterion for action
77-81
Part Two
IV A NEW MACHINERY-THE JUVENILE PANELS
The guiding factors
82-91
V CONSTITUTION AND PROCEDURE
Constitution
92-95
Machinery for referral to the panel
96-97
The "reporter" to the panel
98-102
The panel's executive arm-the social education department
103-104
Procedure before the panels
105-109
Referrals and appeals to the Sheriff
110-117
VI THE LIMITS OF THE PANELS' JURISDICTION
The upper age-limit of the panels' jurisdiction
118
Jurisdiction in relation to young people between 16 and 21
119-123
Continuing discretion of the Crown authorities
124-126
Territorial jurisdiction of the juvenile panels
127
Definition of the basis of the panels' jurisdiction
128-138
VII THE POWERS OF THE JUVENILE PANELS-NON-RESIDENTIAL MEASURES OF SUPERVISION WITHIN THE COMMUNITY
Supervision, formal and informal
140-141
The role of the police: police warnings and police juvenile liaison schemes
142-156
The scope of formal supervision orders
157-158
Finding of caution on the parents
159
Formal warnings by the panel
160
Cases in which no action is directed
161
Attendance centres
162-166
VIII RESIDENTIAL MEASURES AND THE JUVENILE PANELS' POWERS TO ORDER RESIDENTIAL TRAINING
Preliminary observations
167-169
Residential homes
170-171
The wider problem
172-178
Approved schools-another aspect of the wider problem
179-185
Duration of residential measures and continuing supervision
186
General observations on residential facilities
187-190
Junior detention centres
191
Other short-term detention
192-193
Compulsory measures under the Mental Health (Scotland) Act, 1960
194-195
Summary of recommendations as to the powers of the juvenile panels
196
IX DURATION OF ORDERS BY THE PANEL, RIGHTS OF APPEAL AND ENFORCEMENT
Duration of orders
197-198
Enforcement of decisions
199-203
Continuation for inquiry and assessment
204
Interim custody pending appearance
205
X FACILITIES FOR ASSESSMENT
Present arrangements
206-210
Future pattern
211-216
Retention in custody pending inquiries
217
Police powers of remand in custody
218-222
XI CONSEQUENTIAL MATTERS

Offences involving children and adults

224
Full-time chairmen of certain juvenile panels
225
Places of sittings and hours
226
Travelling etc. expenses of parents in necessitous cases
227
Research and training
228-229
Financial arrangements for the panels
230
Police in uniform
231

Part Three

XII THE MATCHING FIELD ORGANISATION

The principles governing the new organisation

The practical solution

238-240

The social education department

241-245

A "family" service

246

Safeguards for existing social workers

247

Recruitment and training

248-249

Concluding observations

250-251

SUMMARY OF CONCLUSIONS AND PRINCIPAL RECOMMENDATIONS

252

Appendices

A Juveniles (8-16 inclusive) against whom charges were proved

B Parental liability in civil law for the wrongful acts of minors
C Police juvenile liaison schemes-the Liverpool scheme
D Relationship between the police and schools-a Nottingham experiment
E List of persons and organisations who submitted statements of evidence

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