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Publication - Guidance

Reintegration and transitions for young offenders: guidance

Published: 28 Sep 2011
Part of:
Children and families, Law and order
ISBN:
978 1 78045 423 8

Best practice information for local authorities, community planning partnership and service providers.

57 page PDF

414.7kB

57 page PDF

414.7kB

Contents
Reintegration and transitions for young offenders: guidance
Footnotes

57 page PDF

414.7kB

Footnotes

  1. UNCRC - link Article 37 (b) of the UNCRC requires state parties to ensure that 'No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time'. This is also mirrored in the Council of Europe's Guidelines on Child-Friendly Justice (at para 19).
  2. https://wcd.coe.int/wcd/ViewDoc.jsp?Ref=CM/Del/Dec(2010)1098/10.2abc&Language=lanEnglish&Ver=app6&Site=CM&BackColorInternet=DBDCF2&BackColorIntranet=FDC864&BackColorLogged=FDC864
  3. Scotland's Choice http://www.scotland.gov.uk/Publications/2008/06/30162955/0
  4. SPS - a snapshot of one day
  5. HM Chief Inspector of Prisons for Scotland (2009) Annual Report 2008-09
  6. SPS annual report 2009/10
  7. Youth Resettlement, A framework for action.
  8. UN Convention art. 1.
  9. CRC/C/GC/10, April 25, 2007, para.38
  10. https://wcd.coe.int/wcd/ViewDoc.jsp?id=1367113&Site=CM
  11. http://www.oxforddictionaries.com/definition/reintegrate?view=uk
  12. http://www.oxforddictionaries.com/definition/transition
  13. http://www.scotland.gov.uk/Publications/2004/07/19605/39872
  14. http://www.legislation.gov.uk/ukpga/1995/36/section/29
  15. http://www.scotland.gov.uk/Topics/Justice/public-safety/offender-management/offender/community/16910/Standards/Guidance
  16. Scottish Executive (2004)
  17. http://www.legislation.gov.uk/ukpga/1995/36/section/29
  18. http://www.scotland.gov.uk/Publications/2004/03/19113/34721
  19. Social Work (Scotland) Act 1968 section 27 with replacements by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 section 61
  20. http://www.scotland.gov.uk/Topics/Justice/public-safety/offender-management/offender/community/16910/Standards/Guidance
  21. Tombs, 2004, Throughcare: A Process of Change; CJSWDC Briefing 7
  22. Tombs, 2004, Throughcare: A Process of Change; CJSWDC Briefing 7
  23. Scottish Institute for Residential Child Care manifesto, No Time to Lose (2006)
  24. Dixon and Stein, 2002
  25. Peters, R.H. and Steinberg, M.L., 2000
  26. Tombs, 2004, Throughcare: A Process of Change; CJSWDC Briefing
  27. Griffiths, Daudurand and Murdoch, 2007
  28. Hagell, 2004
  29. Graham and Bowling, 1995
  30. Jamieson et al, 1999
  31. Maruna, 1999, Graham et al,1995, Farrington et al, 2004.
  32. cited in Gelsthorpe et al, 2007
  33. Jamieson et al, 1999
  34. Gilligan ,1982
  35. Scottish Office, 1998
  36. Worrall, 2001
  37. Moffitt 1993
  38. McIvor, 1998
  39. Hirschi and Gottfredson, 1983, Smith and McAra, 2004,McIvor, 1998
  40. www.scra.gov.uk/.../ Secure%20 Authorisations%20Research%20Report.pdf
  41. Prison Statistics Scotland 2005/6
  42. http://www.scotland.gov.uk/Topics/People/Young-People/childrensservices/girfec
  43. http://www.scotland.gov.uk/Publications/2008/09/22091734/9
  44. Wellbeing indicators include: Resilience Matrix and the My World Triangle
  45. http://www2.ohchr.org/english/law/crc.htm
  46. UN Convention art.40 (1).
  47. The UNCRC is International Law but has not (yet) been given direct legal force in UK and Scots law as the European Convention on Human Rights has by way of the Human Rights Act 1998 and the Scotland Act 1998. However, ratification of the Convention placed binding international obligations on the UK Government (see Article 26 of the Vienna Convention on the Law of Treaties of 1969, United Nations, Treaty Series, Vol. 1155, p. 331), as well as devolved governments and institutions to implement its provisions and ensure the realisation of all rights in the UNCRC for all children in their jurisdiction ( UN Committee on the Rights of the Child (2003), General Comment No. 5: General measures of implementation of the Convention on the Rights of the Child, CRC/GC/2003/5, at paras 40f.; this was also most recently reiterated in the Committee's General Comment No. 13: Article 19 - The right of the child to freedom from all forms of violence (2011), CRC/C/GC/13, at para 5).
  48. http://www.scotland.gov.uk/Publications/2008/09/22091734/9
  49. http://www.rmascotland.gov.uk/try/rated/
  50. Resilience Matrix devised for use with Well-being Indicators and the My World Triangle,
  51. http://www.rmascotland.gov.uk/Frame
  52. http://www.scotland.gov.uk/Topics/Justice/public-safety/protection/reports
  53. http://www.scotland.gov.uk/Publications/2004/10/20067/44723
  54. Barry, 2007
  55. Aldgate and Rose, 2008
  56. http://www.scotland.gov.uk/Topics/People/Young-People/childrensservices/girfec/Practitioners/ToolsResources/LeadProfessionalRole
  57. Griffiths, Dandurand & Murdoch; 2007
  58. Preventing Offending by Young People: A Framework for Action, 2008.
  59. Reconvictions of offenders discharged from custody or given non-custodial sentences in 2003/04, Scotland, Scottish Government Statistical Bulletin
  60. J. Maguire (ed.), 1995
  61. A, Hagell , 2004
  62. Hart, 2009
  63. Epps, 1997
  64. Dixon, J. & Stein, M. 2002
  65. McAra, L & McVie, S. 2010
  66. Supporting Children's Learning: Code of Practice Education (Additional Support for Learning) (Scotland) Act 2004
  67. Every young person in Scotland, from 3-18, including those in secure care and custody, is entitled to experience a range of learning opportunities, whatever their circumstances. This includes an entitlement to opportunities to develop their skills for learning, skills for life and skills for work; an entitlement to support to enable them to gain as much as possible from the opportunities which CfE can offer; an entitlement to a senior phase of education, which broadly takes place between the ages of 15-18, and an entitlement to moving into positive and sustained destinations beyond school. This offer of post-16 learning, known as 16+ Learning Choices, aims to ensure an offer of learning for every young person, particularly the more vulnerable, along with appropriate support for as long as it is needed.
  68. SIRCC - Evaluation of the Implementation of Secure Transitions Fund.
  69. Pilkington, K. 2008
  70. Harris and Timms 1993; Walker et al. 2006; Hart 2009; Ofsted 2010
  71. Bullock et al. 1998; Walker et al. 2006; Sinclair and Geraghty 2008; Hart 2009; Ofsted 2010
  72. Youth Resettlement, A framework for action. Youth Justice Board
  73. The big step, 2006
  74. http://www.scotland.gov.uk/Publications/2007/08/23161736/0
  75. Hagan and McCarthy, 1997; Mean Streets. Youth Crime and Homelessness: Cambridge University Press
  76. http://www.scotland.gov.uk/Topics/Justice/public-safety/offender-management/offender/community/16910/Standards/Guidance
  77. Griffiths, Dandurand & Murdoch; 2007
  78. University of Essex, 2003
  79. McKinley, 2009
  80. http://www.scotland.gov.uk/Publications/2009/03/04144703/0
  81. Meltzer, H. and Lader, D. 2004
  82. SIRCC (2006). Evaluation of the Rossie / Elms mental health initiative. Glasgow: SIRCC
  83. DfES, Department of Health 2004;
  84. NHS 2004; Walker et al. 2006; Lerpiniere et al. 2006
  85. Griffiths, Dandurand & Murdoch; 2007;
  86. Secure Care Forum, recommendations, 2007
  87. Supporting Children's Learning: Code of Practice Education (Additional Support for Learning) (Scotland) Act 2004
  88. http://www.scotland.gov.uk/Topics/Justice/public-safety/protection/reports
  89. http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/reoffending
  90. http://www.scotland.gov.uk/Topics/Justice/crimes/youth-justice/reoffending
  91. Mendel, 2000
  92. SWIS, 1996
  93. Dixon, J. & Stein, M. 2002
  94. Walker, M., Barclay, A., Hunter, L., Kendrick, A., Malloch, M., Hill, M. & McIvor, G. 2005
  95. Mobility programmes within secure care are defined as the programme that allows young people time outwith the secure unit to help support their reintegration back to community.
  96. Scottish Executive, 2006; Secure Accommodation in Scotland: Its Role and Relationship with 'Alternative Services',
  97. Reduce, Rehabilitate, Reform: Reoffending Key Facts, Scottish Executive.
  98. Scotland's Choice - Report of the Scottish Prisons Commission, 2008.
  99. Court reports should consist of a comprehensive assessment directed by GIRFEC principles. Court reports provide information and advice needed in deciding on the most appropriate disposal for a young people. In the event of custody, the court requires advice about the possible need for a Supervised Release Order or Extended Sentence Supervision on release. In the majority of cases this will be the role of the adult criminal justice team as part of through care.
  100. http://www.scotland.gov.uk/Topics/Justice/public-safety/offender-management/offender/community/16910/Standards/Guidance
  101. On-going research within SPS
  102. Unit Manager, Social Worker or Personal Officer
  103. HM Chief Inspector of Prisons for Scotland (2009) Annual Report 2008-09
  104. Murphy et al., 2000; Hayes, 1996 & 1997; Zimmerman et al., 1981
  105. Loucks 2006
  106. Tomblin et al. 1997
  107. Robson, 2006
  108. Glasgow City Council, Research and Development Team
  109. SPS annual report 2009/10
  110. The Scottish Prison Service Annual Report and Accounts 2009-10
  111. Judy Renshaw, Cost Benefit
  112. An Activity Agreement is an agreement between a young person and an advisor that the young person will take part in a programme of learning and activity which helps them become ready for formal learning or employment.
  113. Linking positive outcomes for young people with sustainable development, Moving on Renfrewshire Project, 2010. www.actionforchildren.org
  114. Centre for Social Justice, "Couldn't Care Less" report, 2008, http://www.centreforsocialjustice.org.uk/client/downloads/Couldn't%20Care%20Less%20EXECUTIVE%20SUMMARY%20WEB.pdf
  115. HM Inspectorate of Prisons and Y.J.B., "Children and young people in custody 2006-2008", 2008
  116. http://www.sps.gov.uk

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