Study on children's involvement in judicial proceedings : contextual overview for the criminal justice phase : Scotland

Most of the institutions, rules and practices relating to children as victims or witnesses are not specifically aimed at children but rather affect children similarly to any other vulnerable victim or witness. By contrast, children involved in the criminal justice system as defendants are subject to a number of specialised legal frameworks. Youth justice in Scotland is centred on the Children's Hearings System, which is not limited to criminal justice, being used also as an early intervention mechanism aimed at at-risk children. There is a focus on restorative justice, with the aim that no child aged 16 or younger should be tried in adult court or sent to prison. Thus except for a few serious and violent offences, no children are subject to the general Scottish justice system. A children's hearing is held before a lay tribunal in an informal setting. The child is required to attend, but may be excused from parts of the hearing that may be upsetting. The child's parent or guardian is also required to participate, unless this would be inappropriate. The children's hearing may decide to impose corrective or protective measures. These may include supervision requirements. Supervision is usually carried out by visits of a social worker to the child at home, although if necessary the hearing may decide other accommodation measures are necessary, such as living with a relative or in a secure facility or residential school. Since 2004 hearings can also put in place a movement restriction condition for children over 12, for example, by the use of an electronic 'tag'.