Child Protection Guidance 2021

Part 4: Specific support needs and concerns 197 National Guidance for Child Protection in Scotland 2021 Version 1.0 September 2021 4.381 The Principal Reporter can no longer refer a child to a children’s hearing on offence grounds, where the offence took place when the child was under 12 years of age. As explained above, once the 2019 Act is fully implemented, a child under the age of 12 years will no longer be able to commit an offence in Scotland. However, the Principal Reporter can refer a child to a children’s hearing on non-offence grounds that may include reference to any serious harmful behaviour by the child. 4.382 If it appears that behaviours observed or reported fall short of risking or causing ‘serious harm’, the local processes for proportionate, co‑ordinated ‘Early and Effective Intervention’ will apply within the Whole Systems Approach adopted in most areas. GIRFEC and Early and Effective Intervention aim to prevent children entering into formal systems if compulsory measures are not needed. 4.383 The Framework for Risk Assessment Management and Evaluation (FRAME) with children aged 12-17 sets out standards for children involved with offending behaviour as distinct from adults who offend. Effective practice requires joined-up planning at operational, tactical and strategic levels between criminal justice, adult protection, child protection and childcare services. 4.384 If it appears that a young person 12-17 is responsible for seriously harmful acts, local Care and Risk Management (CARM) processes apply. For details on the CARM process, see section 2 in the FRAME guidance. Although children of this age may be charged with an offence, the investigative and planning principles that are summarised in Part 3 of this Guidance apply. 4.385 Alleged offences of a serious nature involving children aged 12 or over can be referred to the Procurator Fiscal. Children aged 12 or over can be prosecuted; however, the offences must fall within the category of offences outlined within the Lord Advocates Guidelines to the Chief Constable on the Reporting of Offences to the Procurator Fiscal of Offences Alleged to Have Been Committed by Children. Category 1: offences which require by law to be prosecuted on indictment or which are so serious as normally to give rise to solemn proceedings on the instructions of the Lord Advocate in the public interest. Category 2: offences alleged to have been committed by children aged 15 years or over which in the event of conviction oblige or permit a court to order disqualification from driving. Category 3: offences alleged to have been committed by people who are aged 16 or 17, and who are classified as children by section 199 of the Children’s Hearings (Scotland) Act 2011. 4.386 Children aged 12 or over who are referred to the Procurator Fiscal are also referred to the Children’s Reporter, and the Procurator Fiscal makes a decision whether the child can be dealt with in the children’s hearing system or whether the case will be dealt with by the Procurator Fiscal after discussing the child with the Children’s Reporter. 4.387 Children aged 16 or 17 who are subject to Compulsory Supervision Orders through the children’s hearings system can continue to be managed in this system or can be prosecuted. This decision is made by the Procurator Fiscal following discussion with the Children’s Reporter. Where criminal proceedings are initiated, the court can, upon conviction, choose to remit the child back to the children’s hearings system for disposal under section 49 of the Criminal Procedure (Scotland) Act 1995.