Report and Recommendations - Scottish Government

committed by an adult, would normally be proceeded with on indictment, i.e.would be likely to attract a custodial sentence of more than twelve months.Apart from murder and rape, which can only be dealt with by the High Court,these include offences resulting in the death of the victim, serious assaults, fireraising involving significant damage, concern in the supply of drugs andfirearms offences.6.3.6 The Review understands that the modern tendency in relation to child suspectsis to address the child’s social needs by the use of informal measures 9 ratherthan to resort even to a referral to the Children’s Reporter, far less to initiatethe more formal proceedings of the Children’s Hearing, which may require aproof of fact in the Sheriff Court. Where informal measures are the likelyoutcome of events, there is little concern about the commonly adopted practiceof the police speaking to a child in the presence of his/her parents or othercarers in the presumed relative comfort of his/her own home or at school. Theissue of the admissibility of a statement made by the child in suchcircumstances is not going to arise, because no prosecution or other legalprocess is to follow.6.3.7 There are situations where continuing significant anti-social behaviour by achild will prompt a referral to the Children’s Hearing. There are also someoffences 10 committed by children under 16, but above the age of 12, which aredeemed appropriately dealt with in the adult criminal justice system. In caseswhere the offence is of such seriousness that the child is likely to be referred9 e.g. the multi-agency Early and Effective Intervention approach10 including pleas reserved to the High Court such as murder and rape205