beta

You're viewing our new website - find out more

Publication - Guidance

Assisting young people aged 16 and 17 in court

Published: 28 Sep 2011

A toolkit for local authorities, the judiciary, court staff, police, Crown Office and Procurator Fiscal Service and service providers.

73 page PDF

720.1kB

73 page PDF

720.1kB

Contents
Assisting young people aged 16 and 17 in court
Appendix 13

73 page PDF

720.1kB

Appendix 13

Glossary of Terms

ACPOS Association of Chief Police Officers in Scotland
ADES Association of Directors of Education in Scotland
ADSW Association of Directors of Social Work
Breach Failure to fulfil the requirements of a court order
Case Management The professional task that involves engaging an individual in the process of change, through supervision and monitoring progress, delivering and / or brokering the necessary interventions to support that change, and promoting compliance
Child A child is a person under 16 years or a person over 16 years and under 18 years who is subject to a supervision requirement.
Child's Plan / Child Protection Plan Where those working with the child and family have evidence that suggests a co-ordinated plan involving two or more agencies will be necessary, then a 'Child's Plan' should be drawn up - a single plan of action, managed and reviewed through a single meeting structure even if the child is involved in several processes. Where a child protection intervention is required, the Child's Plan is known as a 'Child Protection Plan'.
Child protection Child protection is when a child requires protection from child abuse or neglect. For a child to require protection, it is not required that child abuse or neglect has taken place, but rather a risk assessment has identified a likelihood or risk of significant harm from abuse or neglect.
CJA Community Justice Authority: Eight are established in Scotland to co-ordinate offender management and rehabilitation services.
CJSW Criminal Justice Social Work
Compliance Involves monitoring of adherence to conditions, but moreover is an explicit contract between practitioner and client, based on a clear understanding of roles and expectations of each other.
CMS 'compulsory measures of supervision' are those measures of supervision contained within a Supervision Requirement.
COPFS Crown Office Procurator Fiscal Service - Decides whether there is enough evidence to take a case to court, and whether it would be in the public interest. Also prosecute most cases once in the courts.
COSLA Convention of Scottish Local Authorities
CPO Community Payback Order (new community disposal introduced from 2010) in Scotland; also (in England and Wales) Community Punishment Orders where offenders perform unpaid work in the community.
Criminal Justice Social Work Report Submitted by local authority SW staff to the courts on request. The purpose of the Criminal Justice Social Work Report ( CJSWR) is to assist in the sentencing process and it should complement the range of other information available to Sentencers. In particular, it provides information on social work interventions and how these may impact upon offending behaviour
Diet The date for hearing of a case for any one of a variety of purposes, fixed by the court
Direct Measure A police or procurators fiscal disposal as an alternative to prosecution in the courts.
DTTO Drug Treatment and Testing Order. A sentence for drug users who receive treatment for their drug use and have to give regular urine tests.
Effectiveness The extent to which an activity, intervention or case management plan produces the intended outcomes.
Evidence Based Practice Effective working practices which have been demonstrated to be effective by rigorous evaluations within the research literature.
FRAME

Framework for Risk Assessment, Management and Evaluation - The objectives of FRAME are:

  • To develop an agreed risk assessment and management framework that supports multi-agency practice through a shared understanding of roles and responsibilities, process and language of risk;
  • To establish agreed standards of practice, guidelines, and evaluation in support of consistent, meaningful and proportionate risk assessment and management practice which supports the principles of defensible decision making and which spans agencies, systems and offender groups;
  • To ensure that workforce data is available relating to each agencies roles and responsibilities within risk assessment/risk management to inform training plans;
  • To inform Policy decisions relating to risk assessment and management with learning from national and international research and practice;
  • To promote implementation integrity by incorporating agreed quality assurance and evaluation mechanisms;
  • To provide age and stage appropriate guidance on the development of approaches, processes and procedures for risk assessment and management practice of young people under 18, in accordance with the FRAME, UN Convention and GIRFEC principles;
  • To engage with relevant stakeholders in developing their understanding of the framework for risk assessment and management approach;
  • To ensure risk assessment is performed in a manner that evidences defensible decision making and the efficient use of resources.
  • This work is led by the Risk Management Authority as part of the Reducing Reoffending Programme.
Getting it right for every child ( GIRFEC ) The GIRFEC approach is a Scotland-wide programme of action to improve the well-being of all children and young people. Its primary components include: a common approach to gaining consent and sharing information where appropriate; an integral role for children, young people and families in assessment, planning and intervention; a co-ordinated and unified approach to identifying concerns, assessing needs, agreeing actions and outcomes, based on the Well-being Indicators; a Named Person in universal services; a Lead Professional to co-ordinate and monitor multi-agency activity where necessary; and a skilled workforce within universal services that can address needs and risks at the earliest possible point.
Harm Loss, damage or personal injury
HDC Home Detention Curfew - The early release from prison, where the prisoner is curfewed to their address on an electronic tag for between 9 and 12 hours per day. HDC can be imposed for between 14 days and 6 months.
ICM Standard ICM is for all prisoners not subject to post-release supervision (mainly short-term prisoners). This process is delivered primarily by specialist providers who will assess and action plan within their area of expertise, but consistently updating the Community Integration Plan ( CI P) as the main prisoner file. Prison Link Centre or residential staff will provide the administrative overview to ensure effective application of the Standard ICM process.
Enhanced ICM is for all prisoners who are subject to post release statutory supervision. This process utilises full risk and needs assessment and a Case Conference model for action planning. This approach brings together the prisoner, key internal and external staff, and where appropriate the family, to examine the prisoner's progress through custody. The Case Conference will also examine the prisoner's assessed risk of reoffending and risk of harm. The Case Conference will decide on appropriate interventions which are aimed at reducing those risks post release. This particular approach should prove useful in (a) keeping the prisoner at the centre of the ICM process, (b) maintaining a focus on issues which are external to the prison as well as internal, (c) the sharing of relevant information across agencies and (d) assessing and managing risk.
Imminence Considered when linking a risk assessment to a risk management plan in cases where 'risk of serious harm' is the consideration, and involves identifying early warning signs. It is an important aspect of contingency planning.
Includem Voluntary organisation providing a range of tailored support and supervision services including intensive community based one-to-one support, short term crisis support in the community, specialist foster care, tapered transitional relapse prevention support and restorative justice approaches.
Indicators A measure of performance against the intended outcome.
Intervention A discrete piece of work with a clear intended outcome and delivered in a repeatable way. An intervention may include a rehabilitation programme, a reparation placement, or an employment placement.
Lead Professional Under the GIRFEC approach, the Lead Professional is responsible for ensuring an agreed multi-agency Child's Plan is produced to support a child. The Lead Professional's tasks include: being the usual point of contact with the child and family to discuss the plan, how it is working and any changes in circumstances that may affect the plan; being the main point of contact for all practitioners who are delivering services to the child; and ensuring that the help provided is consistent with the Child's Plan and that services are not duplicated.
LCJB Local Criminal Justice Board: There are eight in Scotland, each chaired by a Sheriff Principal.
LS/ CMI Level of Service/Case Management Inventory is a comprehensive offender assessment instrument which will provide a consistent framework for case planning and management of offenders for Criminal Justice Social Work Services and the Scottish Prison Service.
Likelihood of offending Forms part of a clear statement of risk in terms of the seriousness, pattern and likelihood of offending, that can then be evaluated against the relevant risk criteria - it is understood as the current balance of risk and protective factors. It is not expressed as a statistical probability.
MAPPA Multi Agency Public Protection Arrangements is the framework which joins up the agencies who manage offenders. The fundamental purpose of MAPPA is public safety and the reduction of serious harm. MAPPA was introduced across Scotland in April 2007 gave a consistent approach to the management of offenders across all local authority and police force areas, providing a framework for assessing and managing the risk posed by some of those offenders.
Measures Define the activity or outcome a service or organisation wishes to measure and why, using this information to make decisions and improve delivery or performance.
Named Person Under the GIRFEC approach, where a child only requires support from a single agency or service (and consequently, not requiring Lead Professional support), the Named Person is designated to be the contact for the child and involved in supporting those who are in regular contact with the child.
Nature of offending Forms part of a clear statement of risk in terms of the seriousness, pattern and likelihood of offending, that can then be evaluated against the relevant risk criteria - the type of offence and the target.
NOS National Outcomes and Standards.
Outcomes The impacts or consequences for the individual, service, community etc of the activities. Outcomes are normally what is trying to be achieved and can be a process outcome or focused on an individual.
High-level: community or population-level outcomes, may be equivalent to "local outcomes" in Single Outcome Agreements.
Intermediate: impacts which are more specific to local areas. Also, many outcomes will be long-term aspirations which will take a number of years to achieve. Intermediate outcomes can be the changes which can be achieved in the medium term.
Service-delivery: impacts which are more specific to service-users, which if combined demonstrate the achievements of services.
Pattern of offending Forms part of a clear statement of risk in terms of the nature, seriousness and likelihood of offending, that can then be evaluated against the relevant risk criteria - consists of the onset, duration and frequency of offending.
Programme

A programme is defined as a planned series of activities, delivered over a specified period on an individual or group basis, which, typically, will form an element of a framework of integrated casework management and has the following characteristics:

  • it uses specific and measurable methods that can be demonstrated to produce positive change in order to reduce offending;
  • it is normally characterised by a systematic and structured sequence of activities, designed to achieve clearly defined objectives that have been demonstrated to be effective in reducing offending;
  • it can be replicated with other people who have similar patterns of offending;
  • it has a specified and evidence-based design.
Risk The potential for an adverse event to lead to a negative outcome; The likelihood or probability of a particular outcome given the presence of factors in a child's or young person's life.
Risk Assessment The process by which risk is understood with a view to reducing the likelihood and / or impact of future offending; it entails three phases: identification; analysis and evaluation.
Risk Criteria The measures against which risk is evaluated to inform decision making in varying processes and systems. Risk criteria are important as they serve as gate-keepers for particular sentences and procedures, promoting fairness, transparency and integrity. Risk criteria are central to the sound functioning of MAPPA and the OLR, and revolve around the consideration of 'risk of serious harm'. However, there are no set criteria for the commonly used term 'risk of harm'.
Risk of Serious Harm

One of the risk criteria: it sets a measure against which risk can be evaluated to guide decision making in various systems:
'There is a risk of harmful behaviour which is life threatening and/or traumatic and from which the victim's recovery, whether physical or psychological, can be expected to be difficult or impossible'. (draft MAPPA Guidance, 2010)
Clarity about this definition is vitally important. It is known that difficulties occur in applying the definition, in clearly identifying the necessary elements of seriousness and likelihood. There is value in recalling the evolution of the definition and identifying the original key aspects.
"There is a risk of harmful behaviour which is life threatening and/or traumatic and from which the victim's recovery, whether physical or psychological, can be expected to be difficult or impossible. That is, sexual and violent behaviours, for example murder, serious assault, rape, all sexual offences against children, all violent robbery, kidnapping, holding hostage, terrorism and fire raising (where there was a clear intent to harm persons). The likelihood of this occurring is just as important as the fact that the person has caused such serious harm in the past. They must be regarded as having the potential to inflict such harm again." (Adapted from OASys Manual, Home Office 2002).

Risk Management The professional task of applying a range of activities with the aim of reducing the risk of serious harm to others. It is co-ordinated through the development of a risk management plan. It involves all of the activities associated with case management and in addition the activity of victim safety planning, detailed in a preventative action plan. In risk management monitoring assumes a greater focus as it is the activity by which imminence is detected by the identification of early warning signs, and actions in a contingency action plan are triggered.
Risk Management Plan A working shared and dynamic document, based on a risk formulation in which preventative and contingency action plans show a clear link between identified risks and necessary action, those responsible for those actions, and the required communications. It is responsive to change and so details review procedures.
SACRO Safeguarding Communities Reducing Offending, charity promoting rehabilitation of offenders and justice for communities.
SCRA Scottish Children's Reporter Administration
SCS Scottish Court Service
Seriousness of offending Forms part of a clear statement of risk in terms of the nature, pattern and likelihood of offending, that can then be evaluated against the relevant risk criteria - combines the degree of harm done, the degree of harm intended and the extent of planning in an episode of offending.
SG Scottish Government
Single Plan An integrated assessment and needs report compiled by the 'lead professional' with multi agency input in line with the requirements of GIRFEC.
SJR Summary Justice Reform
Social exclusion The exclusion of individuals from the opportunities and resources required to meet needs and to participate actively in society.
Social inclusion Action to change the circumstances that lead to, or have led to, social exclusion.
Solemn crime Serious criminal offence(s). Proceedings commence by way of a petition and may proceed to an indictment. Under common law there are limits to penalties but legislation may set higher penalties for certain statutory offences. Less serious crimes are dealt with by summary proceedings.
SPS Scottish Prison Service (in relation to this report, this also refers to private prisons)
Statement of Risk A clear expression of risk in terms of the nature, seriousness, pattern and likelihood of offending, that can then be evaluated against the relevant risk criteria.
Supervision The activity of overseeing an order or sentence in a manner consistent with legislation and procedures. However, it is also the means by which a relationship is established with the individual, and that individual engaged through dialogue in a process of change and compliance.
Supervision Requirement A requirement made by a children's hearing under s. 70(1) of the Children's (Scotland) Act 1995 in respect of a child including any conditions contained in the requirement.

Contact