Offenders under 21 years of age cannot be sentenced to detention unless the sentencing judge is of the opinion no other sentence is appropriate. The type of detention applied will depend on the age of the offender and by the procedure by which they were prosecuted. (p.132)
Section 208 of the Criminal Procedure (Scotland) Act 1995 makes provision for the detention of children in certain cases, these may include :
Where a chid is convicted on indictment and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for such a period which shall specify in the sentence; and the child during that period be liable to be detained in such a place and on such conditions as the Secretary
…show more content…
Partnership working with parents, and family networks to find community based solutions directed by social educational principles (Smith and Whyte, 2008), rather than relying on formal criminilisation and its associated risks highlighted by labelling theories. Young people should be seen as young people first, with shared responsibility for their offending with upbringing, community and the young person themselves. Social work practice should be UNCRC – rights focussed. Article 1 of UNCRC defines a child as” below the age of eighteen years unless the law applicable to the child, majority is attained earlier.” It also states that if a child has conflict with the law they have the right to treatment which promotes their sense of dignity and worth, takes their age into account and aims at reintegration into society. All judicial proceedings and institutional placements will be avoided where possible. This runs in conjunction with Article 5.1(d) of the Eureopean Convention on Human Rights, meaning that a minor may not be detained by lawful order for the purpose of educational supervision or for the purpose of bringing the minor before the competent legal authority