Young offenders and children in the justice system
Children in the justice system were treated as adults until the 19th century when the idea evolved across the UK that children should be dealt with differently and that they could be taught not to commit crimes by removing them from their parents and placing them in reformatory schools.[1] In Scotland this was accompanied by empowering sheriffs to send homeless, abandoned, neglected or poor children (termed ‘vagrant’ or ‘pauper’ children) to reformatory or industrial schools.[2]
The Youthful Offenders Act 1901 addressed parental neglect in cases involving young offenders and allowed courts to impose fines and damages or costs on parents or guardians and to order the parent or guardian to give security for the good behaviour of the offender.[3] A register of convicted youthful offenders was to be kept for every summary court.
The Children Act 1908 established the principle that children and young people charged with offences should be tried in a juvenile court rather than the same court as adults. These were the sheriff courts or justice of the peace courts but sitting separately and with limits on who could attend. It also abolished the death penalty for anyone under 18.[4]
From 1932, juvenile courts were intended to be made more child-friendly, with a panel of judges selected to deal with young people and private hearings with reporting restrictions in different buildings from the adult courts.[5] The age of legal responsibility was raised to age 8 and the juvenile court was able to deal with young people up to age 17.
The Social Work (Scotland) Act, 1968 replaced juvenile courts with the children’s hearings and children’s panel systems and placed most of the responsibilities associated with the hearings and panel on local authorities which were designated as the county councils and the town councils of large burghs.[6] These local authorities were required to appoint a reporter and to implement the new system of home supervision orders.[7] Local authorities also had a duty to set up residential establishments (children’s homes and what became known as List D schools), but as with previous legislation they could make arrangements with other local authorities or other bodies. Local authorities were given powers of inspection for the first time – previously this had been restricted to central government – and had a duty to appoint visitors to the children to safeguard their well-being. In 1975 all these responsibilities were transferred to regional councils.[8] In 1994 the responsibilities for accommodating and supervising young people were transferred to the new unitary councils but responsibilities for the children’s hearings system were transferred to new authorities: the Principal Reporter and the Scottish Children’s Reporter Administration.[9]
Local authority archives services may hold registers of juvenile offenders and records of industrial schools, reformatory schools and ragged schools. The relevant records held by the National Records of Scotland include files on approved schools and remand homes (reference code ED15) juvenile delinquency (ED39) borstal inmates files (HH14), the development of juvenile courts and general treatment of prisoners including juveniles (HH60), juvenile court registers from Sheriff Courts (SC) and Justice of the Peace Courts (JP) and records of charitable bodies concerned with young offenders.
Compilers: SCAN contributors (2000), Editor: Elspeth Reid (2021)
Related Knowledge Base entries
Care of children, young people and families
Records relating to children and young people
Bibliography
Abrams, Lynn & Linda Fleming, Report into the Historic System to protect and prevent the abuse of children in care in Scotland, 1948-1995 (Scottish Child Abuse Inquiry, 2019) <https://childabuseinquiry.scot/research/research-reports/the-historic-system-to-protect-and-prevent-the-abuse-of-children-in-care-in-scotland-1948-1995/> [accessed 21 June 2021]
Kelly, Christine Criminalisation of children in Scotland 1840-1910. (unpublished doctoral thesis, University of Glasgow 2012) <http://theses.gla.ac.uk/3601/1/2012KellyPhD.pdf> [accessed 27 December 2018]
Norrie, K McK., Legislative Background to the treatment of children and young people living apart from their parents. (Scottish Child Abuse Inquiry, 2017) <https://www.childabuseinquiry.scot/research/research-reviews/the-legislative-and-regulatory-framework/> [accessed 21 Jun 2021]
References
[1] Juvenile Offences Act 1847 (10 and 11 Vict. c.82); Youthful Offenders Great Britain Act 1854 (17 & 18 Vict. c.86); Christine Kelly Criminalisation of children in Scotland 1840-1910. (unpublished doctoral thesis, University of Glasgow 2012) pp.107-10 <http://theses.gla.ac.uk/3601/1/2012KellyPhD.pdf> [accessed 27 December 2018].
[2] Reformatory Schools (Scotland) Act 1854 (17 & 18 Vict. c.74).
[3] Youthful Offenders Act 1901 (1 Edw. VII c.20).
[4] Children Act 1908 (8 Edw. VII c.67).
[5] Children and Young Persons Act 1932 (22 & 23 Geo. V c.47).
[6] Social Work (Scotland) Act 1968 (c.49).
[7] Social Work (Scotland) Act 1968 (c.49) s.44.
[8] Local Government (Scotland) Act 1973 (c.65).
[9] Local Government etc (Scotland) Act 1994 (c.39) ss.127-34.