Youth offending - Children's Hearings

 

What happens at a Children's Hearing?

Hearings take place in the Civic Centre, Howden Road South, Livingston. The layout of the hearing room is relatively informal with the participants sitting round a table.

Normally, the child / young person must attend and always has the right to attend all stagers of his or her own hearing. However, the hearing may decide that the child does not have to attend certain parts of the hearing - or even the whole hearing - if, for example, matters might come up that would cause the child significant distress.

It is important that the relevant persons (e.g. the parents or guardians) should be present at the hearing so that they can take part in the discussion and help the hearing to reach a decision. Their attendance is compulsory by law and failure to appear may result in prosecution and a fine. The child/young person and the relevant persons may take a representative to help them at the hearing, and each may choose a separate representative. In certain cases the hearing may appoint a publicly funded Legal Representative.

Although the proceedings are private, there may be observers present, e.g. someone from the Children's Panel Advisory Committee (CPAC), for the purpose of monitoring Panel Members' performance, or members of the Scottish Committee of the Council on Tribunals. Other observers may attend a hearing, but nobody is admitted unless they have a legitimate concern with the case or with the hearings system and have the agreement of the Chair of the hearing, the child and the child's family. The hearing is therefore a small gathering able to proceed in a relatively informal way and to give the child and parents the confidence and privacy to take a full part in the discussion about what needs to be done for the child.

For more information on Scotland's Children's Hearing system, please use the link to the Scottish Government website in the Related Links section at the right of this page. Their website explains all aspects of the children's hearing process.

updated: 14/09/11

 

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