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  3. Thematic report on the prosecution of young people
  4. Key Findings

Thematic report on the prosecution of young people

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  • Thematic report on the prosecution of young people
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Inspection reports

27th November 2018

The Inspectorate of Prosecution in Scotland's thematic report on the prosecution of young people in the Sheriff and Justice of Peace courts.

Additional

  • Introduction
  • Key Terms
  • Key Findings
  • Recommendations
  • Chapter 1 – Criminal Justice Response to Youth Offending
  • Chapter 2 – Young People in the Criminal Justice System 2016/17
  • Cohort Review
  • Chapter 3 – Diversion
  • Court-based Initiatives
  • Chapter 4 – Solemn Proceedings
  • Chapter 5 – Road Traffic Offences
  • Footnotes
  • Cohort Review (explanation)

  • Introduction
  • Key Terms
  • Key Findings
  • Recommendations
  • Chapter 1 – Criminal Justice Response to Youth Offending
  • Chapter 2 – Young People in the Criminal Justice System 2016/17
  • Cohort Review
  • Chapter 3 – Diversion
  • Court-based Initiatives
  • Chapter 4 – Solemn Proceedings
  • Chapter 5 – Road Traffic Offences
  • Footnotes
  • Cohort Review (explanation)

Key Findings

  • 16/17 year olds were twice as likely to be prosecuted as 16/17 year old offenders subject to a Compulsory Supervision Order (CSO). 53% were prosecuted in comparison to 23% of the offenders subject to a CSO.
  • Of those prosecuted in the sheriff summary and Justice of the Peace courts the sentence imposed in 41% of cases could have been achieved by an alternative to prosecution.
  • Compared to the police reports for the categories of offenders under 16 or 16/17 year olds subject to a CSO, there was a significantly higher percentage of reports where no information was provided on the offender's individual or family circumstances or vulnerabilities for those in the 16/17 year olds category.
  • Delays in reporting or taking decisions when an offender is approaching 16 or has an intervening birthday has the potential to create a different outcome for young people who are older by a few days or weeks.
  • There is a disconnect between the emerging consensus that young people aged under 18 should be treated as a child or young person in the criminal justice context and the current legal framework where, for many, 16 still represents the transition from a child to an adult.
  • There was a high success rate (80%) for the 16/17 year olds diverted as an alternative to prosecution.
  • Diversion only failed in three cases (3.5%) due to a lack of co-operation or further offending.
  • Of the 69 offenders where diversion was completed successfully almost two thirds (43) did not re-offend.
  • For those with complex needs more than one intervention may be necessary to address the causes of the offending behaviour.
  • In 56% of cases, it took more than four weeks to implement the decision to divert the offender.
  • Close proximity between the offence and the commencement of engagement with Criminal Justice Social Work (CJSW) is essential for diversion to be effective and relevant for the offender.
  • The average time between receipt of the police report and the completion of diversion was seven months.
  • Updates on progress from CJSW need to be obtained in a timely manner to ensure final decisions can be taken as swiftly as possible to minimise any adverse impact on the young person.
  • Communication with offenders during the diversion process was inconsistent and often at variance with COPFS guidance.
  • Letters sent to offenders were overly complex and contained legal jargon.
  • Communication was not tailored to offenders' needs taking account of, any known, equality issues.
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