Response 895706719

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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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If yes, what adjustments do you anticipate might be required and why?
Further training and supports will need to be put in place and this in itself will require increased resources to be available in order to achieve any measure of success eg staffing and financial.

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

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Radio button: Ticked Yes
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Please provide reasons for your answer.
Not only helpful but vital. All agencies need to ensure that they have a consistent approach. This will be promoted if they have a shared understanding and knowledge of the underlying reasons behind the changes being implemented. There is no point in having partner agencies working to different agendas.

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?

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Radio button: Ticked Yes
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Please provide reasons for your answer.
The hearing system already deals with all children referred to them by ensuring that the principles of offering protection, control, guidance and treatment are adhered to and that their best interests are safeguarded. If agencies can evidence to a children's hearing that a child is in need of compulsory measures in order to provide them with safety, security and stability and the grounds can be justified in a different category then I see no need for a new grounds category to replac it,

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?

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Please provide reasons for your answer.
This is dependant upon the seriousness of the circumstances and the assesses risk to the child or others.

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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Radio button: Ticked Yes
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Please provide reasons for your answer.
But with strict guidelines as to what happens to these samples in the future and how they at collected and stored.

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

Please explain.
An independent advocate or legal representative must be made available to the child to evidence that their rights were being safeguarded throughout the process.

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?

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Radio button: Ticked Yes
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Please provide reasons for your answer.
However it would be dependant upon the seriousness of the circumstances and whether or not the child themselves or others had been at risk.

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?

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Radio button: Unticked Yes
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Please provide reasons for your answer.
Again I feel that it would depend on the risk to the child or others that was evident at the time.

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?

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Radio button: Ticked Yes
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Please provide reasons for your answer and any views on the most appropriate independent authority.
There must be an awareness of the consequences of releasing information to the public. It would need to be absolutely clear that there was an immediate risk to the child or others and how the consequences of the information being made public would impact on the lives of the child and the family.

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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Radio button: Unticked Yes
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Please provide reasons for your answer.
Again it would need to be assessed on an individual basis and be dependant upon the nature of the circumstances at the time and the development of he young person since that time.

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

Please explain.
Given that the brains of young people are not fully cognitively developed until at least the age of 21 ther needs to be great care taken in regard to this. A young person over the age of 18 may have a very different response to the way they reacted when they were much younger as they now have an increased awareness of consequences and risks. An individual approach would need to be taken as it would be unfair in many circumstances to penalise a young person for the actions that they took when they were much younger and more immature.

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?

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Radio button: Ticked Yes
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Please explain.
There should be as much support available to the victims of harmful behaviour as the perpetrators receive through the hearing system. Our focus is often on the perpetrator and how we can help them rather than with the victim.

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?

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Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Don't know
Please explain.
If the perpetrator and the victim are likely to come into contact with each other on a regular basis either at school or in the community it would be helpful for the victim to be made aware that action has been taken and that their concerns were taken seriously. If no information is given then it may have consequences for everyone in that environment going forward as there woild be no clarity as to any action that has taken place.

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?

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Radio button: Ticked Yes
Radio button: Unticked No
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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.
I agree that the age should be increased to 12. This means that primary aged children who have a little less maturity would be dealt with in the more appropriate setting of the hearing system. The number of children that this will affect is small and the hearing system is well placed to deal with these young people.

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.

Please explain.
Groups such as Who Cares Scotland?, Child Clanlaw and other agencies which represent young people on an independent basis should be consulted. Children in school should have an awareness of this proposal and be consulted possibly during social studies lessons during school time.