The KILBRANDON Report

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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
Part One
I THE BASIC PROBLEM: ITS SCOPE AND THE PRACTICAL ISSUES ARISING
Introductory
The children appearing before the courts
The underlying similarities
The effectiveness of the present treatment measures: views of witnesses
Parental responsibility and how it can be furthered
Social education and what it implies
II THE JUVENILE COURTS-EXISTING ARRANGEMENTS
Background to the existing arrangements
The existing juvenile courts
Choice of court in individual cases
Distribution of juvenile court business
The non-criminal jurisdiction of the juvenile courts
Variety of juvenile courts-preliminary observations on the evidence received
III THE UNDERLYING PRINCIPLES
Concepts underlying the juvenile court
The criminal law as applied to juveniles
Care or protection proceedings
Considerations which have governed the application of criminal procedure to children
Considerations applying in other fields of law
A suggested alternative
A new alternative
The needs of the individual child as the criterion for action
Part Two
IV A NEW MACHINERY-THE JUVENILE PANELS
The guiding factors
V CONSTITUTION AND PROCEDURE
Constitution
Machinery for referral to the panel
The "reporter" to the panel
The panel's executive arm-the social education department
Procedure before the panels
Referrals and appeals to the Sheriff
VI THE LIMITS OF THE PANELS' JURISDICTION
The upper age-limit of the panels' jurisdiction
Jurisdiction in relation to young people between 16 and 21
Continuing discretion of the Crown authorities
Territorial jurisdiction of the juvenile panels
Definition of the basis of the panels' jurisdiction
VII THE POWERS OF THE JUVENILE PANELS-NON-RESIDENTIAL MEASURES OF SUPERVISION WITHIN THE COMMUNITY
Supervision, formal and informal
The role of the police: police warnings and police juvenile liaison schemes
The scope of formal supervision orders
Finding of caution on the parents
Formal warnings by the panel
Cases in which no action is directed
Attendance centres
VIII RESIDENTIAL MEASURES AND THE JUVENILE PANELS' POWERS TO ORDER RESIDENTIAL TRAINING
Preliminary observations
Residential homes
The wider problem
Approved schools-another aspect of the wider problem
Duration of residential measures and continuing supervision
General observations on residential facilities
Junior detention centres
Other short-term detention
Compulsory measures under the Mental Health (Scotland) Act, 1960
Summary of recommendations as to the powers of the juvenile panels
IX DURATION OF ORDERS BY THE PANEL, RIGHTS OF APPEAL AND ENFORCEMENT
Duration of orders
Enforcement of decisions
Continuation for inquiry and assessment
Interim custody pending appearance
X FACILITIES FOR ASSESSMENT
Present arrangements
Future pattern
Retention in custody pending inquiries
Police powers of remand in custody
XI CONSEQUENTIAL MATTERS

Offences involving children and adults

Full-time chairmen of certain juvenile panels
Places of sittings and hours
Travelling etc. expenses of parents in necessitous cases
Research and training
Financial arrangements for the panels
Police in uniform

Part Three

XII THE MATCHING FIELD ORGANISATION

The principles governing the new organisation

The practical solution

The social education department

A "family" service

Safeguards for existing social workers

Recruitment and training

Concluding observations

SUMMARY OF CONCLUSIONS AND PRINCIPAL RECOMMENDATIONS

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