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A History of Scottish Child Protection Law$
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Kenneth McK. Norrie

Print publication date: 2020

Print ISBN-13: 9781474444170

Published to Edinburgh Scholarship Online: May 2021

DOI: 10.3366/edinburgh/9781474444170.001.0001

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The Legal Process before 1968: The Juvenile Court

The Legal Process before 1968: The Juvenile Court

(p.115) 4. The Legal Process before 1968: The Juvenile Court
A History of Scottish Child Protection Law

Kenneth McK. Norrie

Edinburgh University Press

This chapter explores the world-wide movement at the turn of the 20th century towards specialist juvenile courts to deal with children who commit offences. Following the lead of the juvenile court movement in the USA and Australia, the Children Act 1908 set up juvenile courts in both Scotland and England, though in Scotland these courts quickly acquired jurisdiction over both young offenders and children in need of care and protection. Originally little more than a separate set of procedural rules to be followed in the sheriff court dealing with children, an effort was made in the Children and Young Persons (Scotland) Acts 1932 and 1937 to give better effect to the idea of a separate court presided over by specialist judges. Though never nation-wide, these new, enhanced, juvenile courts took on many of the characteristics that were later adopted by the children’s hearing system, including the processes to be followed, the involvement of the children, the requirement to look at the child’s wider environmental circumstances (including the child’s welfare), and the outcomes available to the court.

Keywords:   Juvenile justice, Juvenile courts, Young offenders, Care and protection, Procedure, Outcomes

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