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National Objectives for Social Work Services in the Criminal Justice System: Standards - General Issues
CHAPTER 9: THE YOUNG OFFENDER AND RELATIONS WITH THE CHILDREN'S HEARINGS
The Statutory Position
132.Under existing legislation, where a young person under 18 who is subject to a supervision requirement appears in court, the case must be referred to the Reporter so that advice can be provided by a children's hearing. On receipt of such advice the court may either dispose of the case itself or remit the young person to a children's hearing for disposal. In addition where a young person is not currently under a supervision requirement and is not within 6 months of attaining age 18, the court may refer the case for disposal on advice on disposal. Certain offenders are excluded from these arrangements and are referred to the Sheriff or High Court, depending on the seriousness of the circumstances of the offences with which they are charged.
Policy Considerations
133.Mid-adolescents comprise the peak age group for offending and a substantial proportion of the offenders coming into the criminal justice system will be 16 and 17. Many will have already been in trouble with the law and will previously have been dealt with by the Children's Hearings. There is some evidence to suggest that Children's Hearings are reluctant to continue the use of supervision requirements for young offenders beyond the age of 16 and that the powers outlined above, which make it possible for young offenders to be remitted back by the courts to the Children's Hearings for advice or disposal, are also not widely used.
134.Because of their lack of maturity or particular factors in their social background and experience of life it may be preferable to continue to deal with some 16 and 17 year old offenders in the Children's Hearings and to make greater use of the opportunities for doing this which are contained in the current legislation. Such an approach, supported by the provision of a suitable range of facilities, would make it possible for the courts to avoid the inappropriate use of criminal justice disposals, especially custody, for this group. Experience has shown a tendency for offenders in this category to progress fairly rapidly from custody once they enter the criminal justice system. The implications of this approach for the authors of social enquiry reports are dealt with at paragraphs 15, 16 and 20 of the section on Social Enquiry Reports and Associated Court Services.
Implications for Strategic Planning and Provision of Services
135It is important that local authorities in planning and providing services should pay special attention to the needs of the young offender in the criminal justice system. An authority's strategic plan should specifically state its policies for this group and the services to be provided for them. Certain types of probation programme are more suited to these offenders. This is dealt with more fully in the section of the standards dealing with probation. Authorities should ensure that their range of resources includes young offender programmes which will provide the courts with the necessary options to enable them, if they choose, to avoid the use of custody. In addition is it necessary that the development and provision of services for young offenders in the criminal justice system should be complemented by the development and provision of services to the Children's Hearings so that a full range of options is open to the courts and Children's Hearings for dealing with 15-17 year old offenders. Local authorities should therefore plan the provision of services for 15-17 year olds as a whole and co-ordinate their plans for services to the Children's Hearings with those for services to the courts and prosecution system.
Financial Implications
136There may be elements common to the services provided to the criminal courts and Children's Hearings for young offenders. Where programmes are provided for this group as part of a probation order consideration will be given to incorporating within such programmes young offenders placed on supervision by the Children's Hearings. SWSG agreement must be obtained to such proposals and SWSG will agree with authorities a cost sharing arrangement whereby the local authority meet the marginal cost of incorporating these young offenders into the programme.
NBThis chapter of the National Standards will be amended once the Children (Scotland) Act 1995 if fully implemented or target dates are known.
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