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Trial Process in England and Wales; Scottish System (From Children Who Kill, P 67-87, 1996, Paul Cavadino, ed. - See NCJ-166255)

NCJ Number
166262
Author(s)
M Ashford; A Normand
Date Published
1996
Annotation
These two articles describe juvenile justice proceedings in England and Wales and in Scotland.
Abstract
The law of England and Wales defines a child as anybody under the age of 18, while the criminal justice definition is anybody aged between 10 and 13. The criminal justice system provides only one safeguard especially for children: a suspected or accused person under the age of 17 must have an appropriate adult present during an interview and during any other procedures at the police station. However, efforts are made to divert young people's processing from the criminal justice system and there are multiple reviews before individuals are charged by the police. The article details the trial process and sentencing. In Scotland a child is defined for purposes of criminal proceedings as a person who has not attained the age of 16 years. No formal criminal proceedings are competent against a child under eight. Young offenders aged 16 and 17 who commit minor offenses may be dealt with by an alternative to prosecution. Serious offenses by young persons of that age are considered suitable for prosecution in the public interest and crimes as serious as murder would invariably be dealt with by formal criminal proceedings. The article discusses Scottish Discovery/Detection and Reporting; Detention and Arrest; Deciding on Further Action; Bail and Remand; Media; Alternative Procedure; Notification and Prosecution; Court Process; and Disposal. Endnotes