Best Juvenile Law Lawyers in Aberdeen
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Find a Lawyer in AberdeenAbout Juvenile Law Law in Aberdeen, United Kingdom
Juvenile law in Aberdeen sits within the Scottish legal system, which is distinct from the rest of the United Kingdom. It covers the rights, protection, and responsibilities of children and young people, usually those under 18. Scotland uses a welfare-first approach called the Children’s Hearings System. Most concerns about a child’s safety, wellbeing, or offending are addressed by a children’s hearing rather than a traditional criminal court. Local agencies in Aberdeen City include social work, schools, health services, Police Scotland North East Division, and the Children’s Reporter, who work together to keep children safe and to support families.
Where a young person is alleged to have committed an offence, the focus is on needs and rehabilitation, early and effective intervention, and only in limited circumstances on prosecution in court. Family issues such as contact, residence, child protection orders, and secure accommodation also fall within this area. Because processes and rights are specific to Scotland, getting advice from a solicitor experienced in children’s hearings and youth justice in Aberdeen is important.
Why You May Need a Lawyer
You may need a lawyer in any of the following situations involving a child or young person in Aberdeen.
You receive a letter from the Scottish Children’s Reporter Administration saying a case has been referred, or you are invited to a children’s hearing. A solicitor can explain the grounds of referral, the procedure, and your options, and can represent you at the hearing.
Your child is interviewed by the police or asked to attend a voluntary interview. Legal advice before and during any interview helps protect rights and can affect the outcome.
Social work raises urgent child protection concerns, seeks a Child Protection Order, or supports compulsory measures. A lawyer can respond quickly, challenge evidence where appropriate, and ensure contact and care arrangements are safe and proportionate.
Your child faces serious allegations that could lead to prosecution in the Sheriff Court. Specialist youth justice advice is important on plea, bail or undertakings, special measures for child witnesses, and sentencing options.
A children’s hearing is considering a Compulsory Supervision Order or secure accommodation. Representation helps address the evidence, propose alternatives, and protect education, contact, and placement rights.
There is a dispute about parental responsibilities and rights, contact or residence, where children’s hearings and Sheriff Court processes overlap. Coordinated legal strategy is key.
You want to appeal a decision by a children’s hearing or a Sheriff. Strict deadlines apply, so early advice is crucial.
You need guidance on disclosure of childhood offending, rehabilitation periods, or how records may affect education, employment, or volunteering.
Local Laws Overview
Children’s Hearings System. Most cases about child welfare and youthful offending are handled by a lay tribunal called a children’s hearing. The Children’s Hearings Scotland panel members decide whether compulsory measures are needed to safeguard and promote the child’s welfare. The Scottish Children’s Reporter Administration receives referrals and decides whether to arrange a hearing.
Key legislation. The Children’s Hearings Scotland Act 2011 sets the framework for referrals, hearings, Compulsory Supervision Orders, emergency measures, secure accommodation, and appeals. The Children Scotland Act 1995 sets out parental responsibilities and rights and child protection powers. The Criminal Justice Scotland Act 2016 covers police powers, custody, and the right to a solicitor. The Age of Criminal Responsibility Scotland Act 2019 raised the minimum age of criminal responsibility to 12.
Age thresholds. Under 12s cannot be prosecuted and do not get a criminal conviction. Most 12 to 17 year olds are dealt with through the Children’s Hearings System. Prosecution in court can occur for serious cases and in certain circumstances for 16 and 17 year olds, usually with Crown Office and Procurator Fiscal Service oversight.
Grounds of referral. A case can be referred for reasons including lack of parental care, the child having committed an offence, truancy, misuse of alcohol or drugs, or the child being beyond control. If grounds are not accepted, the Reporter can ask the Sheriff Court to decide whether they are proven.
Orders and measures. A Compulsory Supervision Order can set where a child lives, contact arrangements, education and support conditions, and movement restrictions in some cases. Secure accommodation can be authorised if statutory criteria are met and no less restrictive option is sufficient.
Emergency protection. In urgent situations, a Child Protection Order can authorise removal to a place of safety. Children’s hearings must review emergency measures quickly. Parents and children can seek legal advice and challenge orders.
Police procedures. Children and young people have a right to legal advice before and during interview. A parent or responsible adult should normally be present. In Aberdeen, Police Scotland North East Division uses early and effective intervention to divert cases where appropriate.
Advocacy and participation. Children are parties to their cases and should be supported to express views. Independent advocacy is available, and where fairness requires it, children and relevant persons may be entitled to legal representation funded through legal aid.
Disclosure and records. Childhood offending has special rules. Many matters addressed in the Children’s Hearings System do not result in criminal convictions. Disclosure Scotland applies rehabilitation and filtering rules that limit what must be disclosed as the child gets older, subject to public protection exceptions.
Frequently Asked Questions
What is the Children’s Hearings System and how does it work in Aberdeen?
It is Scotland’s child-focused tribunal for welfare and youthful offending. The Children’s Reporter investigates referrals from police, social work, schools, and others. If compulsory measures appear necessary, the Reporter arranges a hearing before trained lay panel members. In Aberdeen, hearings are administered by the Scottish Children’s Reporter Administration, and local social work and other services provide reports and support.
Who is the Children’s Reporter and how does a case get referred?
The Reporter is an independent official who assesses whether a child may need compulsory measures. Police, social work, schools, or any concerned person can refer. The Reporter gathers information and either takes no action, arranges voluntary support, or convenes a hearing.
What is the age of criminal responsibility and prosecution in Scotland?
The minimum age of criminal responsibility is 12. Children under 12 cannot be prosecuted. For ages 12 to 15, and often 16 to 17, concerns are usually addressed in the Children’s Hearings System. Prosecution in court is reserved for specific and often serious cases.
Can a 16 or 17 year old be prosecuted in court rather than go to a hearing?
Yes, but it is not automatic. The Crown Office and Procurator Fiscal Service can prosecute in the Sheriff or High Court for serious offences. Some 16 and 17 year olds, especially those subject to a Compulsory Supervision Order, may still be referred to a hearing. A solicitor can advise on likely forum and possible diversion.
What are my rights and my child’s rights at a children’s hearing?
You and your child are entitled to fair process, to see the papers subject to any confidentiality redactions, to be heard, to have an interpreter or supporter, to request legal representation where fairness requires it, and to appeal within the time limit. The panel must consider your child’s best interests and the least restrictive option.
What is a Compulsory Supervision Order and what conditions can it include?
It is a legally binding order made by a hearing that can specify where the child lives, set contact with parents or siblings, require attendance at education or programs, and impose movement restrictions in certain cases. It is reviewed regularly and can be varied or terminated as circumstances change.
What happens if social work thinks my child is at immediate risk?
They can seek emergency measures. A Child Protection Order can authorise removal to a place of safety or regulate contact. The Reporter will arrange a prompt children’s hearing to review the order. You should seek urgent legal advice to prepare and to challenge any unnecessary restrictions.
How do appeals work against a hearing decision or a court order?
Decisions of a children’s hearing can be appealed to the Sheriff Court. There is a short time limit, often 21 days from the decision. If grounds of referral are not accepted, proof takes place at the Sheriff Court and those findings can also be appealed on legal grounds. Get advice immediately to protect deadlines.
Will my child have a criminal record and how does disclosure work?
Many outcomes in the Children’s Hearings System do not create criminal convictions. For offences prosecuted in court, rehabilitation rules limit how long convictions must be disclosed. Disclosure Scotland applies special protections for childhood offending, including filtering of some information. Seek tailored advice before applying for college, work, or membership schemes.
How does legal aid and advocacy support work for children and parents in Aberdeen?
The Scottish Legal Aid Board can fund advice and representation for children and relevant persons at hearings and in court, subject to tests. Independent advocacy for children in hearings is also available through specialist organisations. A local solicitor can assess eligibility and arrange support quickly.
Additional Resources
Scottish Children’s Reporter Administration.
Children’s Hearings Scotland.
Aberdeen City Council Children’s Social Work.
Police Scotland North East Division.
Scottish Legal Aid Board.
Scottish Child Law Centre.
Clan Childlaw.
Barnardo’s Hearings Advocacy.
Who Cares Scotland.
Aberdeen City Child Protection Committee.
Next Steps
Do not ignore letters or phone calls from the Children’s Reporter, social work, police, or the court. Missing a hearing can lead to stronger measures being imposed.
Contact a solicitor experienced in children’s hearings and youth justice in Aberdeen. Ask about availability for urgent hearings and legal aid eligibility. If you or your child has been detained or asked to attend a police interview, request to speak to a solicitor before any questions.
Gather key information. Bring any letters from the Reporter or police, social work reports, school records, medical or support information, and details of family members who can help with safety and care plans.
Prepare for the hearing. Think about what outcomes would keep your child safe and supported at home or in the community. Identify practical supports such as relatives who can help, education plans, or counseling. A solicitor can present these options.
Keep to deadlines. Appeals and reviews have short time limits. If you disagree with a decision, seek advice immediately so papers can be lodged in time.
Support your child’s participation. Encourage your child to share their views. Ask about advocacy services and any adjustments needed for communication or additional support needs.
This guide is general information and not legal advice. For advice on your situation, speak to a qualified solicitor in Aberdeen as soon as possible.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.