Page 67 - Getting it Right for Vulnerable Children and Young People in North Ayrshire

Children and young people who are offending Definition In Scotland the age of criminal responsibility is 8 years old, one of the lowest ages of criminal responsibility in Europe. However, the age of prosecution was raised to 12 in 2010 in The Criminal Justice and Licensing (Scotland) Act 2010. There is a commitment from Scottish Ministers to look again at raising the age of criminal responsibility to 12 years old. The vast majority of children and young people aged 8 – 15 years old who offend are dealt with under the Children (Scotland) Act 1995, and are either diverted through Early and Effective Intervention (EEI) measures or by the Children’s Reporter. Young people aged 16 years old and older (not subject to supervision under the children’s hearing), are dealt with under the Criminal Procedures (Scotland) Act 1995 and are within the Criminal Justice system. It is possible that children and young people under the age of 16 or who are 16 or 17 and subject to compulsory supervision may also be dealt with under the Criminal Procedures (Scotland) Act 1995 where the offence committed, falls within the “Lord Advocate Guidelines”. These guidelines provide categories of offences which are of a more serious nature, requiring the offence to be jointly reported to the Procurator Fiscal and Children’s Reporter. A discussion is then held and a decision is made as to which system would be most appropriate for the child or young person to be dealt with. Brief overview Children and young people who offend are most often known to services as victims of neglect and abuse long before they are known for offending behaviours. There is a clear link between those with welfare needs due to their experiences in early childhood and those who are engaged in offending behaviours. Research by Bill Whyte and Fergus McNeill has shown that the needs of young victims and young people involved in offending are more often than not the same, requiring a holistic approach to address the risk they present and the needs that they have. In North Ayrshire, young people who offend are, first and foremost, understood as children and young people who require a welfare approach to address their needs as well as the risks. There are a minority of children and young people who can cause significant harm in their local community and require a targeted and intensive approach to reduce the risk and support existing strengths towards desistence. Getting It Right For Vulnerable Children and Young People in North Ayrshire DRAFT V1.1 March 2014 Page No:67