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Law and Procedure Relating to the Children's Hearing System in Scotland

NCJ Number
73926
Journal
ANNALES DE VAUCRESSON Dated: special issue (1979) Pages: 551-563
Author(s)
D A Stirling
Date Published
1979
Length
13 pages
Annotation
This paper describes the system which replaced the juvenile courts in Scotland in 1971 for children under 16 in need of care and protection or those who had committed some offense.
Abstract
The functions of the Local Authority Official called the Reporter are described in detail, with citations from the relevant Sections of the Children Act of 1975. The Children Hearing system must not be considered an extension of the Criminal Court, because it is based on entirely different principles, i.e., protection and care. The word care, as construed in the Children Act, means protection, control, guidance, and treatment. When a Reporter believes that a child's family is competent to administer such care, he takes no further action, otherwise the case is referred to a Children's Hearing. The Reporter conducts investigations and makes recommendations in each case, mandating supervised care at a residential establishment when he finds that this arrangement meets the best interests of the child. The Reporter can also refer the case of a child back to the police for a formal Police Warning or Juvenile Liaison Supervision if he feels that it would be constructive for the child. A Reporter holds a decisionmaking position of great power as well as responsibility.