8.Legal Processes in child Protection

The Children’s Hearings System is the legal system for children and young people in Scotland where there are either concerns about risk to a child or a child is in need of support.

When a child has been referred to the Children’s Reporter then this may start a legal process for them and their parents or carers. 

The Children’s Reporters role as part of the Scottish Children’s Reporters Administration is to decide when a child has been referred to them whether further investigation of their circumstances is needed. 

Where the Reporter decide a child is at serious risk of harm a compulsory supervision order will be granted to provide them with added legal protection and help keep them safe. 

Find out more about the Children’s Hearings System in Scotland and what’s involved on the Scottish Children’s Reporter website.

Children who have been harmed, have witnessed a crime, or who disagree with decisions taken about their lives may need to be involved with legal proceedings and either go to court or be represented at court. 

Find out more about how the Children’s Hearings System and the courts work together on the Scottish Children’s Reporters Administration website.

If and when a child needs to go to court as a witness, the court will consider how this process can be made easier for the child and their parents or carers. For example, if you have been a victim of domestic abuse, Special Measures are in place to support you. Information on the Victim Support website.

In Scotland, the age of criminal responsibility is 12 years old.

Children under 12 accused of a crime can be referred to a Children’s Hearing if they appear to be at risk or vulnerable. They are referred for their own care and protection, not for committing an offence. The hearing can decide how to help them and their family, which might be a compulsory supervision order. Children under 12 can’t be convicted or get a criminal record.

Most children between the ages of 12 and 15 who commit a crime will be referred to the Children’s Reporter, who will decide whether to refer the child to a Children’s Hearing. A decision by a Children’s Hearing can become part of a criminal record.

If a child of 12 or over is accused of committing something serious, they can be prosecuted in the courts. 

Currently, children aged 16 to 18 who are accused of committing a crime can only be referred to a Children’s Hearing if they are already subject to an order from a Children’s Hearing. However, this is due to change as a result of the Children (Care & Justice) Bill becoming law. The maximum age of referral will change from 16 to 18 when the Bill is implemented. 

More information is available on the Scottish Courts and Tribunals Service website.