The Children's Hearing System
The Children's Hearing System in Scotland is unique. The system is different from juvenile justice systems elsewhere in the UK. It has been in operation since 1971.
Under Scots law, children under the age of twelve are not held criminally responsible for their actions but can be referred to Children's Hearings Scotland for a variety of reasons e.g. this could be because they have offended, or because they have been offended against. Young people under 16 years are only considered for prosecution in an adult court for the most serious offences*.
*By 2024, new legislation from the Scottish Parliament is expected to come into force which will raise the age of referral to the Children’s Hearing System to include all 16 and 17-year-olds.
How are children referred to the Children's Hearing System?
Anyone who is concerned about a child or young person (including themselves) can refer them to the Scottish Children's Reporter Administration (SCRA). Most referrals are made by the police (majority of all referrals), social work departments and education.
In 2022/23, 10,981 children in Scotland were referred to the Reporter according to Scottish Children’s Reporter Administration (SCRA). This was 1.2% of all children in Scotland.
Children's Reporter
When a referral is made, the Children's Reporter decides what should happen next. This could be:
- a children's hearing is not needed
- a children's hearing is not needed but a referral should be made to the local authority to provide support and advice for the child
- a children's hearing is needed to look into the child's situation
What happens at a Children's Hearing?
Children's Hearings are held with a group of three Panel Members. These are people from all sections of the community who volunteer their time and receive special training to take part.
At a Children's Hearing, they try to find the best solution based on improving the child's life. Across Scotland, there are around 2,500 Panel Members who are carefully selected and highly trained. Every children's hearing has three members and there must be a mix of male and female members. A social worker will also be present.
Children's Hearings are very different from court cases. They are held for a variety of reasons, when someone is worried about a child or young person's wellbeing, not just when a criminal act is suspected. Their most important role is deciding the best way forward for the child/young person, not whether anyone is guilty or someone should be punished. The mood of the meeting is as informal as possible so that the young person feels comfortable and can share his/her thoughts and experiences with panel members.
A Hearing is held in the area where the child/young person lives. The child's parents are expected to attend too and can be fined if they do not. Another representative can also go along, including from the media, if it is felt that they have his or her best interests at heart. Under no circumstances can the child’s identity be disclosed.
After the Hearing concludes, the Panel may decide one of the following:
- that a Compulsory Supervision Order is needed
- that judgement is 'deferred' as the panel needs more information before it can make a decision
- that a Compulsory Supervision Order is not needed
Compulsory Supervision Order
A Compulsory Supervision Order sets out what should be done in the best interests of the child/young person. The local authority is given the duty to put this into place. This will involve the social work department and can involve the child's school.
Most often the child will remain at home but they could be removed and placed in alternate care for some time, for example with foster carers or a relative
The child/young person's case must be reviewed again within a year by another Hearing.
