Raising the age of referral: consultation

Consultation seeking views on raising the age a young person can be referred to a children’s hearing.


Footnotes

1. Protecting Scotland's Future – The Governments Programme for Scotland 2019 -20

2. Youth Justice - Whole System Approach to Youth Offending

3. The Kilbrandon Report

4. Social Work (Scotland) Act 1968

5. Protecting Scotland's children and young people: it's still everyone's job (2017)

6. Thematic Report on the Prosecution of Young People (2018)

7. Decision making in cases of children jointly report to the Procurator Fiscal and Children's Reporter (2019)

8. Adult Support and Protection (Scotland) Act 2007

9. National Guidance for Child Protection in Scotland (2004)

10. The Howard League for Peal Reform – Children as Victims
Edinburgh Study of Youth Transitions and Crime
Children and Young People in Custody in Scotland – Looking Behind the Data (Revised June 2018)
The Links Between Victimization and Offending (2004)

11. Polishing the Diamonds – Addressing Adverse Childhood Experiences in Scotland (May 2016)

12. Youth Crime and Justice: Key Messages from the Edinburgh Study of Youth Transitions and Crime

13. Guidelines of the Committee of Ministers of the Council of Europe on child-friendly justice

14. Section 26 Children's Hearings (Scotland) Act 2011

15. Criminal Procedure (Scotland) Act 1995

16. Lord Advocate's Guidelines to the Chief Constable on the Reporting to Procurators Fiscal of offences alleged to have been committed by children

17. Decision making in cases of children jointly reported to the Procurator Fiscal and Children's Reporter (June 2019)

18. Section 49 Criminal Procedure (Scotland) Act 1995

19. Position Statement by Social Work Scotland: Children aged between 15 and 17 in the Children's Hearings System

20. Section 22 Children (Scotland) Act 1995

Section 33 Children and Young People (Scotland) Act 2014

21. Children (Scotland) Act 1995
Adoption and Children (Scotland) Act 2007
Children's Hearings (Scotland) Act 2011

22. Section 80 Adoption and Children (Scotland) Act 2007

23. Section 67 Children and Young People (Scotland) Act 2014

24. Section 26 Children (Scotland) Act 1995

25. Victims Code for Scotland

26. Age of Criminal Responsibility (Scotland) Bill – Policy Memorandum

27. Section 83 Children's Hearings (Scotland) Act 2011

28. Statistical Analysis 2018/19 – Ensuring Positive Futures for Children and Young People in Scotland

29. Lord Advocate's Guidelines to the Chief Constable on the Reporting to Procurators Fiscal of offences alleged to have been committed by children

30. Data provided by SCRA January 2020 - This data is based on live operational data and as such may change over time and will not necessarily match data published as part of SCRA's Official Statistics. This data includes offence referrals marked as additional so will include some referrals which are filtered out from the official statistics due to being mis-recorded. Joint report retention is also calculated on the basis of whether a ground has been added or not which is slightly different than current official statistics methodology.

31. Section 52 Criminal Law (Consolidation) (Scotland) Act 1995

32. Section 38 Criminal Justice and Licensing (Scotland) Act 2010

33. Data provided by COPFS February 2020 – This data does not provide statistical information for groups of fewer than five. The prosecution service can receive separate requests over a period of time for related but slightly different information e.g. by age, sex, location, crime, etc. and for overlapping time periods or geographies. These separate pieces of information taken together for numbers fewer than five could create the potential risk of identifying individuals.

34. Data provided by Justice Analytical Services (JAS) January 2020 - Scottish Government Criminal Proceedings database.

35. Thematic Report on the Prosecution of Young People (2018)

Contact

Email: CareandJusticeConsultation@gov.scot

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