Watchdog suggests greater use of prosecution alternatives for under-18s

The inspection tracked the journey of 95 young offenders reported to the Crown Office and Procurator Fiscal Service (COPFS) who fell into three categories – under 16 years, 16/17-year-olds who fell within the joint remit of the Children’s Hearing System and COPFS, and all other 16/17-year-olds.

Michelle Macleod, HM chief inspector, said: “In the “year of young people”, it is timely to assess the effectiveness of COPFS processes and procedures for prosecuting young people and their use of alternatives to prosecution including diversion.

“We found that 80 per cent of young offenders offered diversion successfully completed the programme, of which, almost two-thirds did not re-offend within the following year. There is, however, scope to take more young people out of the adult criminal system through greater use of diversion and/or other alternatives to prosecution for all young people under 18.”

The inspectorate found: 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; that there was a significantly higher percentage of police reports for 16/17-year-olds where no information was provided on the individual/family circumstances and vulnerabilities than for those under 16 or 16/17-year-olds who have ongoing contact with the Children’s Hearing System; and that communication with offenders offered diversion was often at variance with COPFS guidance, overly complex and, for some, not tailored to their needs taking account of, any known, equality issues.

The report makes 12 recommendations designed to ensure that:

• COPFS guards against dealing with young people who can appropriately be dealt with by the Children’s Reporter;
• COPFS facilitates the maximum use of alternatives to prosecution, including diversion for all of those under 18 years;
• Timelines on implementing decisions to divert young offenders are improved;
• Communication with offenders is simplified and tailored to individual needs and vulnerabilities; and
• Other opportunities are explored to address low-level road traffic offending by young people.

The report can be accessed here.