New challenge for youth offending

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By Andrew Black Political reporter, BBC Scotland news website

Scotland's unique children's hearings system has long been seen by many onlookers as a key model for dealing with younger offenders.Some children's offending is related to neglect or abuse

Yet, the engine room of this important body is not manned by justice officials or politicians, but a dedicated group of volunteers from across Scotland who have chosen to give up much of their free time to help.

The high profile given to the system in the past will get higher still under the Scottish Government's proposed justice reforms.

Set up in the wake of recommendations by the 1964 Kilbrandon review, the children's hearings system aims to address youth offending based on welfare needs.

The thinking is, that by keeping vulnerable children out of the more formal setting of the adult court system, children's panel members can help decrease the chances of them going onto a life of crime as they get older, by supporting them in ways specific to their individual circumstances.

This is particularly the case where children come before the panel, not because they are hardened criminals, but because their offending is linked to neglect or abuse. These changes to the age of prosecution in Scotland reflect a real confidence in the children's hearings system Netta MaciverScottish Children's Reporter Administration

Children's panel volunteer members, who work with professionals in the field such as social workers, are recruited from a wide variety of backgrounds, after a rigorous application and interview process, followed by a period of intensive training.

Scottish Government proposals to raise the age of criminal responsibility from eight to 12 will mean, potentially, a whole new generation of young people going through the children's hearings system.

Kenny MacAskill, the Scottish justice secretary, has said this is the best way forward - and it is a challenge which Netta Maciver, chief executive of the Scottish Children's Reporter Administration, is relishing.

"These changes to the age of prosecution in Scotland reflect a real confidence in the children's hearings system," she said.

"Many of these young people also come to our attention due to concerns about their welfare and the hearings system ensures they get the most appropriate form of intervention and support."

Challenges ahead

The children's panel system, widely admired both at home in other parts of the UK and internationally, was recently used as the basis for youth welfare reforms on Guernsey.

In Scotland, the government has been working to modernise the current system.

This has included an announcement by ministers to give more power to panel members, including powers to electronically tag children, as an alternative to putting them in secure care.

Referrals of eight to 11-year-olds to the children's reporter on offence grounds have been dropping, to 2,400 in 2007-08 from 3,150 in 2005-06.

But there are still challenges ahead.

Despite all the volunteers who apply to be on children's panels, parts of Scotland have faced recruitment problems in the past.

If the Scottish Government wants the children's hearings to potentially cope with an increased case-load, its case for the importance of the system will need to continue to convince members of the public they have an opportunity to try to make a difference in the lives of vulnerable youngsters.