Justice for children and young people - a rights-respecting approach: vision and priorities
In July 2021 the Scottish Government published the new Priorities and Vision for young people in conflict with the law in Scotland. The vision and action plan can be found here https://www.gov.scot/publications/rights-respecting-approach-justice-children-young-people-scotlands-vision-priorities/
Our local strategy and action plan is in line with the national one while being responsive to local need.
Working with Children In Conflict with the Law: National Standards
These standards were published in July 2021 and replace previous versions. They are a guide for strategic and operational services of what is expected at each stage of a child's journey through the justice system. The standards can be found here https://www.gov.scot/publications/standards-those-working-children-conflict-law-2021/
CARM - Care and Risk Management
The Care and Risk Management Procedure (CARM) has been reviewed to take account of new guidance from the Scottish Government, Framework for Risk Assessment Management and Evaluation (FRAME) with children aged 12-17 (2021) and now includes additional new guidance for Harmful Sexual Behaviour informed by the Expert Group Report.
Care and Risk Management (CARM) is the process that considers and plans support for children who pose a risk of harm both to themselves and others and our approaches should be informed as part of our Aberdeen Child Protection procedures.
Sentencing young people
Scottish Sentencing Council’s published new guideline on the sentencing of young people, which came into effect for all Scotland’s courts on January 26, 2022.
This new guidelines on the sentencing of young people requires courts to have regard to rehabilitation as a primary consideration and seeks to reduce reoffending among young people. It will apply to the sentencing of those who are under the age of 25 at the date of their plea of guilty or when a finding of guilt is made against them.
In January 2022 the Centre for Youth and Child Justice hosted a webinar that gave an overview of key findings from the work informing the guidelines, with expert speakers Dr Suzanne O’Rourke, Senior Lecturer in Forensic Clinical Psychology at the University of Edinburgh, retired Sheriff David Mackie, and Kirsty Giles, Psychotherapist, Scottish Violence Reduction Unit, discussing the factors which informed the development of the guideline. These include the development of cognitive maturity, the importance of rehabilitative approaches to sentencing, and how the impact of trauma and adversity in childhood can be addressed to reduce reoffending.
John Scott QC chaired this event, with an introduction by Fiona Dyer (Director, CYCJ).
You can watch the event here - Watch the event here.
The guidelines and related papers can be fund at the links below:
Sentencing young people guideline
Sentencing young people consultation report
Cognitive maturity literature review
Principles and purposes of sentencing guideline
Secure care: pathway and standards
These standards were published in October 2021 and were produce in participation with young people. the standards can be found here https://www.gov.scot/publications/secure-care-pathway-standards-scotland/ and here https://www.securecarestandards.com/
These standards have three sections on what a child should experience at each stage, before, during and after secure care.
EEI Core Elements
Published in July 2021 the update Core Elements for Early Effective Intervention (EEI) and aims to provide a framework to set out best practice for effective delivery of EEI.
https://www.gov.scot/publications/early-effective-intervention-framework-core-elements/
Whole Systems Approach (WSA)
Whole Systems Approach is the Scottish Governments programme for addressing the needs of young people involved in offending. WSA is underpinned by Getting it Right for Every Child (GIRFEC) therefore aims to ensure that support puts the needs of children , young people and their families first.
WSA emphasises practitioners working together to support families, taking action at early signs of any difficulty.
WSA offers tailored support and management based on the needs of individual taking account of individual circumstances.
This doesn't mean that crimes committed by children and young people go unpunished. Children and young people can still be prosecuted if the offence is serious enough to be dealt with at court, if they are over 12.
Children can also receive support and supervision through the Children's Hearings System in relation to their offending behaviour as well as other behavioural and care concerns.
Since 2011 the approach has provided a clear focus on the following areas:
- Early and effective intervention
- Opportunities to divert young people from prosecution
- Court support
- Community alternatives to secure care and custody
- Managing young people who present a risk of harm
- Improving integration back into the community
FRAME
The Framework for Risks Assessment, Management and Evaluation (FRAME) produced by the Risk Management Authority in conjunction with partners sets out the standards of risk practice. This is for all children in Scotland, which includes the small number of children where parts of their behaviour may pose an imminent risk of serious harm or has caused serious harm to themselves or others. This guidance replaces the previous FRAME for under 18s (2014)
The full guidance can be found here - https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2014/12/framework-risk-assessment-management-evaluation-frame-local-authorities-partners-incorporating/documents/00466882-pdf/00466882-pdf/govscot%3Adocument/00466882.pdf
Age of Criminal Responsibility (ARCA)
The above guidance contains information to support Police Scotland and Local Authorities in the application of their operational duties, under the Age of Criminal Responsibility (Scotland) Act 2019 (the Act). You can view a short animation on the changes to age of criminal responsibility here - Age of Criminal Responsibility in Scotland - YouTube
ACC Champions for ACRA
During office hours – via teams, email or telephone numbers below
Christine Casey, Team Leader, Joint Child Protection Team, ChCasey@aberdeencity.gov.uk (01223 306877)
Julia Milne, Whole System’s Approach Coordinator JuliaMilne2@aberdeencity.gov.uk (0770 338 0740)
Ali McAlpine, Lead Service Manager (acting), children’s social work, amcalpine@aberdeencity.gov.uk (07824 433 179)
Out with office hours
Amanda Ure
Rhona Myatt
via OOHS@aberdeencity.gov.uk or 0800 7315 520
A Guide to Youth Justice in Scotland: policy, practice and legislation
Whether you are a practitioner, researcher or educator, you should be familiar with the latest policy and practice legislation in youth justice.
That’s why the Children and Young People’s Centre for Justice (CYCJ) produces ‘A Guide to Youth Justice in Scotland’. This resource is aimed at practitioners and managers who work with children and young people who offend or who are at risk of offending. It is also valuable for academics, educators and anyone else with an interest in youth and criminal justice.
Fifteen sections cover a wide variety of themes, including children’s rights; risk management; mental health; diversity; restorative justice; and adversity and trauma.
The guide is renewed every year to ensure the information we are providing is relevant, meaningful and accurate. This is particularly important as the Scottish Government keeps its commitment to incorporating the UNCRC into Scots Law, and develops its Vision and Action Plan for Youth Justice.
To ensure that the information we are providing is relevant, accurate and meaningful, this guide is reviewed annually. The current revision was published in June 2021. Please get in touch at cycj@strath.ac.uk if you have any queries or wish to access a specific section.
CYCJ Webinars - 2022 (padlet.com)