The subject of Youth Crime has been one of much public debate over the last few years. The Executive is very aware of the public's concerns over community safety and troublesome behaviour by youths.
The Wider Picture
There is however some reassurance to be taken from the wider picture that youth crime has been on a downward trend over the last ten years. Generally, most young offenders will appear before the court only once. They will learn a lesson from the experience and will never offend again. In recent years there has however been a significant increase in the number of young offenders committing more offences. What we are seeing then is more and more persistent young offenders committing a greater proportion of crime.
Criminal Justice or Children's Hearing System?
All young offenders over the age of 16 are subject to normal criminal justice procedures and therefore are the responsibility of the Justice Department. Young offenders under the age of 16 will normally be dealt with through the Children's Hearing System and are therefore the responsibility of the Education Department. More information on how children under the age of 16 are dealt with can be found at the Children's Hearings Website
Community Sentences
All of the community sentences (or alternatives to custody) available to the courts in Scotland are appropriate for dealing with young offenders that are subject to criminal court procedure. Probation and Community Service Orders are frequently passed down to young offenders, the intention being to steer less serious young offenders away from prison and the offending society. Community sentences such as probation provide both punishment and an element of personal development work to help the offender move away from offending and into more productive lifestyles.
The Diversion from Prosecution scheme has young offenders as one of its key target groups. The thinking behind this is to prevent the young offender, who has commited only minor crimes, being prematurely up-tariffed into the adult system. As mentioned above most young offenders will offend only once and the Executive believes that in many cases diverting them away into appropriate services and schemes will be more beneficial in the long ran than subjecting them to the full court process.
Persistent Young Offenders
But what about persistent young offenders? The Executive is aware that this is a much more troubling group to deal with, young individuals entrenched in offending behaviour and often from chaotic circumstances often with little or no family support. The Executive believes that this group of offenders needs special attention. For this reason we have established a pilot Youth Court.