SCOTLAND - THE PRESENT LAW (FROM JUVENILE JUSTICE IN BRITAIN AND THE UNITED STATES - THE BALANCE OF NEEDS AND RIGHTS, 1978, BY PHYLLIDA PARSLOE - SEE NCJ-49769)

• NCJ Number: 49776
• Author(s): P PARSLOE
• Date Published: 1978
• Length: 11 pages
• Corporate Author: Routledge and Kegan Paul Ltd
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

SCOTLAND'S SYSTEM FOR HANDLING PROBLEM YOUTHS THROUGH SOCIAL SERVICE AGENCIES RATHER THAN THE COURTS IS DESCRIBED AS A BASIS FOR COMPARISON OF JUVENILE JUSTICE APPROACHES IN BRITAIN AND THE UNITED STATES.

Abstract

UNTIL THE SOCIAL WORK (SCOTLAND) ACT OF 1968 CAME INTO FORCE, JUVENILE JUSTICE IN SCOTLAND WAS VERY SIMILAR TO THAT IN THE REST OF BRITAIN. A 1964 GOVERNMENT REPORT IN SCOTLAND TOOK THE POSITION THAT THE UNDERLYING NEEDS OF CHILDREN WHO APPEAR BEFORE JUVENILE COURTS HAVE LITTLE TO DO WITH THE LEGAL CATEGORIES INTO WHICH THE CHILDREN ARE DIVIDED. THE REPORT EMPHASIZED THE PRINCIPLES OF SOCIAL EDUCATION AND THE INVOLVEMENT OF PARENTS IN ATTEMPTS TO INTERVENE IN CHILDREN'S LIVES. REFLECTING THESE IDEAS, THE 1968 STATUTE ENDED THE USE OF CRIMINAL COURTS AND PROCEDURES FOR DEALING WITH CHILDREN UNDER AGE 16 (WITH CERTAIN EXCEPTIONS) AND PLACED THE RESPONSIBILITY OF THESE CHILDREN WITH NEWLY CREATED SOCIAL AGENCIES, WHICH ALSO DEAL WITH PROBLEMS OF THE AGED, THE ILL AND HANDICAPPED, THE HOMELESS, PROBATIONERS, AND OTHER GROUPS. WHEN POSSIBLE, CHILDREN ARE DEALT WITH THROUGH VOLUNTARY ARRANGEMENTS BETWEEN THE SOCIAL WORK AGENCIES AND FAMILIES. IF COMPULSION IS NECESSARY, LOCAL PANELS, ACTING UNDER MANDATED GUIDELINES, DECIDE WHAT (IF ANY) FORM OF SUPERVISION IS REQUIRED FOR THE CHILD. DESPITE THE FACT THAT THE PANEL HEARING HAS CONSIDERABLE COMPULSORY POWERS AND CAN REMOVE CHILDREN FROM THEIR HOMES, IT IS GOVERNED BY THE CONCEPTS OF A WELFARE APPROACH RATHER THAN A CRIMINAL JUSTICE APPROACH. CHILDREN AND THEIR PARENTS RETAIN CERTAIN RIGHTS AT THE HEARING, BUT IN SOME RESPECT THE STATUS OF THESE RIGHTS REFLECTS THE ASSUMPTION THAT THE PANEL AND FAMILY ARE ENGAGED IN A COOPERATIVE VENTURE IN THE BEST INTERESTS OF THE CHILD. IN THE YEARS FOLLOWING THE ESTABLISHMENT OF THE HEARING PANELS IN APRIL 1971, THE GENERAL FEELING IN SCOTLAND SEEMED TO BE THAT THE HEARINGS REPRESENTED AN IMPROVEMENT. HOWEVER, CRITICISMS OF THE HEARING SYSTEM -- THAT IT DOES NOT PROVIDE THE PUBLIC WITH ADEQUATE PROTECTION AGAINST YOUNG OFFENDERS, THAT THE HEARING PANELS ARE HINDERED BY INADEQUATE RESOURCES, ETC. -- ARE BECOMING MORE FREQUENT. (LKM)