Response 107160865

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Introduction

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George Mann

The Scottish Government would like your permission to publish your consultation response. Please indicate your publishing preference:

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Care Protection & Risk

1.. Do you think that the support needs of, and risks posed by, children aged 8-11 years demonstrating harmful behaviour can be met through the extension of the National Child Protection Guidance?

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Yes
No
Don't know
If yes, what adjustments do you anticipate might be required and why?
More resources for Social work to lead on this work, and probably funding for Vol sector supports likely required

2.. Do you think that a multi-agency scoping study of training and skills would be helpful?

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Yes
No
Don't know
Please provide reasons for your answer.
No doubt results would vary from area to area, but would allow possibility of identifying strengths and gaps

Children's Hearings System

3. Should the age of criminal responsibility be raised to 12, do you think that it will be possible to deal with the harmful behaviour of 8-11 year olds via existing care and protection (welfare) grounds through the Children’s Hearings System?

Please select one item
Yes
No
Don't know
Please provide reasons for your answer.
Expertise re meeting young people's needs should be there

Role of the Police

4.. Should the age of criminal responsibility be raised to 12, do you agree with the assessment of the Advisory Group that some police powers should be retained in relation to children under 12?

Please select one item
Yes
No
Don't know
Please provide reasons for your answer.
Seems to have been well thought out

5.. In relation to forensic samples, should the Police ever be able to retain samples taken from children aged under 12?

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Yes
No
Don't know
Please provide reasons for your answer.
Thinking could potentially be worthwhile for future child protection - of potential victims of that then young person

6.. What safeguards should be put in place for children aged under 12 in relation to the use of these powers?

Please explain.
Keep focus on Child Protection and need for it needs to be robustly evidenced

Disclosure and Protection of Valuable Groups

7.. Do you think that there should be a strong presumption against the release of information about a child’s harmful behaviour when an incident occurred before the age of 12?

Please select one item
Yes
No
Don't know
Please provide reasons for your answer.
Could seriously damage young person's life chances, and would not have been proven in a Court or Hearing so Human Rights question?

8.. Should individuals who may have obtained a criminal record based on behaviour when they were aged 8 to 11 prior to any change in the age of criminal responsibility no longer have to disclose convictions from that time?

Please select one item
Yes
No
Don't know
Please provide reasons for your answer.
Strong case for this as they will now be responsible for future behaviour only, as past "crimes" no longer considered such due to age

9.. Where it is felt necessary to release information about an incident occurring before the age of 12 (e.g. in the interests of public safety), do you agree with the Advisory Group’s recommendation that this process should be subject to independent ratification?

Please select one item
Yes
No
Don't know
Please provide reasons for your answer and any views on the most appropriate independent authority.
Good to keep this tightly monitored. Possibly coalition of Children's charities

10.. Should an incident of serious harmful behaviour that took place under the age of 12 continue to be disclosed when that person reaches the age of 18?

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Yes
No
Don't know
Please provide reasons for your answer.
Unsure whether research suggests this early behaviour is strong predictor of future such behaviour, though if so disclosure would main sense for public protection

11.. Do you have comments on wider issues in respect of disclosure for all under 18s?

Please explain.
Would think only serious offending would need to be disclosed

Victims and Witnesses

12. Do you have comments on arrangements to provide appropriate and effective support available to victims affected by harmful behaviour, where that behaviour involves children under the age of criminal responsibility?

Please select one item
Yes
No
Don't know
Please explain.
Think protection and support of victims should be a priority, hopefully achievable through GIRFEC

13.. Do you have any comments on the circumstances in which it might be appropriate to share information with victim where harmful behaviour involves a child under 12?

Please select one item
Yes
No
Don't know
Please explain.
to reassure victim that the "outcome" for the offender should also benefit the victim, should help to protect them, allay their fears

Age of Criminal Responsibility

14. Do you agree with the Advisory Group’s recommendation that the age of criminal responsibility in Scotland should be raised from 8 to 12 years of age?

Please select one item
Yes
No
Don't know
Please provide reasons for your answer. Please make clear if you support the principle of an increase in the age of criminal responsibility even if you recommend the age is set at a different level.
Holding 8-12 year olds criminally responsible is not in line with their stage of development

15. While arrangements are already being made to consult with groups of children and young people, please tell us about the groups of children and young people you believe should be consulted as part of this consultation process and how they should be consulted.

All young people including victims and perpetrators.
Consultation could be done in many ways to suit them from focus groups, to Facebook, to texting etc Make it easy for the young people