CHILDREN'S HEARING SYSTEM - THE LIMITS TO LEGISLATIVE ACTION - PART 1

• NCJ Number: 66471
• Journal: JOURNAL OF SOCIAL WELFARE LAW Dated: (NOVEMBER 1978) Pages: 14-23
• Author(s): D MAY
• Date Published: 1978
• Length: 10 pages
• Publication Format: Article
• Language: English
• Country: United Kingdom

Annotation

THE LEGISLATIVE REORGANIZATION OF THE SCOTTISH JUVENILE JUSTICE SYSTEM IN 1968 AND 1971 WAS NOT A RADICAL CHANGE BUT REAFFIRMED A TRADITIONAL COMMITMENT TO TREATMENT RATHER THAN PUNISHMENT.

Abstract

THE NEW LAWS PLACED JUVENILE OFFENDERS, WITH CERTAIN EXCEPTIONS, UNDER THE MANAGEMENT OF A TRIBUNAL COMPOSED OF LAYMEN WHICH IS CONCERNED WITH TREATMENT AND DISPOSAL. REFERRAL TO THE TRIBUNAL IS CONTROLLED BY AN INDEPENDENT LOCAL OFFICIAL. THE TRIBUNAL'S JURISDICTION CONTINUES UNTIL THE CHILD BECOMES 18 UNLESS DISCHARGED, BUT THE TREATMENT PROGRAM MUST BE REVIEWED ANNUALLY. CRITICS HAVE CLAIMED THAT THE TRIBUNAL REPRESENTS A SOFT APPROACH TO JUVENILE JUSTICE, BUT THIS ATTITUDE HAS STEMMED FROM POLITICAL MOTIVATIONS AND A TENDENCY TO CONFUSE FORM WITH SUBSTANCE. THE 1964 REPORT OF THE KILBRANDON COMMITTEE PROVIDED THE IMPETUS FOR REFORM, ALTHOUGH THE DOCUMENT DID NOT REALLY DEPART FROM BRITISH TRADITIONS WHICH VIEWED DELINQUENCY AS A RESULT OF INDIVIDUAL PATHOLOGY AND FAMILY CONDITIONS. A SUBSEQUENT WHITE PAPER NEVER CLEARLY DEFINED THE CONCEPT OF COMMUNITY INVOLVEMENT, AND THE MEMBERS OF THE LAY PANELS WERE SELECTED BECAUSE OF A COMMITMENT TO THE TREATMENT IDEOLOGY RATHER THAN AS REPRESENTATIVES OF THE COMMUNITY. THE KILBRANDON COMMITTEE RECOMMENDED THAT ONLY SERIOUS CASES OF DELINQUENCY BE SUBJECTED TO FORMAL COURT PROCESSES, AND THIS WAS IMPLEMENTED BY THE LEGISLATION. ALTHOUGH THE TRIBUNALS HAVE AN INFORMAL STYLE, THEY ARE SIMILAR TO THE OLD JUVENILE COURTS IN MANY PRACTICES. SOURCES OF REFERRAL AND GROUNDS FOR INTERVENTION HAVE REMAINED THE SAME. THE REVIEW POWERS OF THE TRIBUNAL, HOWEVER, HAVE ENCOURAGED AN EVOLUTIONARY APPROACH TO TREATMENT BY CONTINUING SUPERVISION IF NEW PROBLEMS WITH THE CHILD OR FAMILY ARISE. THE CHILDREN'S TRIBUNALS MAY BE MORE HUMANE AND LESS RITUALISTIC THAN THE COURTS, BUT BOTH HAVE THEIR ORIGINS IN THE REFORM MOVEMENTS OF THE LATE 19TH CENTURY WHICH EMPHASIZED SOCIAL WORK AND TREATMENT. OVERALL, THE 1968-71 CHANGES HAVE SERVED MORE TO STRENGTHEN TREATMENT COMMITMENTS THAN TO REFORM THE ENTIRE SYSTEM. FOOTNOTES ARE PROVIDED. FOR RELATED DOCUMENT, SEE NCJ-66472. (MJM)