Best Juvenile Law Lawyers in Stonehaven

About Juvenile Law Law in Stonehaven, United Kingdom

Juvenile law in Stonehaven operates under Scots law and focuses on the rights, welfare, and responsibilities of children and young people. Stonehaven is within Aberdeenshire, so local services are delivered by Aberdeenshire Council, Police Scotland North East Division, and the Scottish Children’s Reporter Administration. Scotland uses the Children’s Hearings System to deal with most matters affecting children under 18, including offending and care or protection concerns. The emphasis is on welfare and support rather than punishment. The age of criminal responsibility in Scotland is 12. Children under 18 may still have their cases considered at a Children’s Hearing or, in a small number of serious cases, in the Sheriff Court or High Court. Legal advice is often important because decisions can affect supervision at home, schooling, liberty, and what information may appear on future disclosure checks.

Why You May Need a Lawyer

You may need a lawyer if your child is asked to attend a voluntary police interview or is arrested and interviewed at a police station in the Stonehaven area. A solicitor can advise on the right to silence, attendance of a parent or other supportive adult, and whether to answer questions. If your child is referred to the Children’s Reporter, a lawyer can explain the grounds of referral, help you prepare for a Children’s Hearing, and represent your child in any court proof hearing at Stonehaven Sheriff Court. If social work raises child protection concerns, seeks a Child Protection Order, or proposes secure accommodation, legal advice can help you understand the legal tests and challenge decisions. A lawyer can assist with school exclusion appeals and with support needs planning. For 16 and 17 year olds, a solicitor can advise on whether a case will be heard at a Children’s Hearing or in court and on bail and remand. If your child is a victim or witness, legal guidance can help navigate special measures and privacy. A solicitor can also advise on disclosure rules that affect future education, volunteering, and employment.

Local Laws Overview

Children’s Hearings System. Most youth offending and welfare concerns in Stonehaven are managed through the Children’s Hearings System under the Children’s Hearings Scotland Act 2011. A Children’s Reporter decides whether to refer a child to a panel of trained lay members who consider the child’s welfare and can make a Compulsory Supervision Order with measures such as residence requirements, contact conditions, or an electronic monitoring condition for older children. If a referred child or parent does not accept the grounds, the Reporter can send the case to the Sheriff Court for a proof hearing.

Age and definitions. A child in Scots law for Hearings purposes is generally a person under 18. The Age of Criminal Responsibility Scotland Act 2019 means children under 12 cannot be criminally responsible. Children aged 12 to 15 are usually dealt with via the Children’s Hearings System. Sixteen and 17 year olds may be dealt with by a Hearing if they are already subject to compulsory measures or by the criminal courts in some cases.

Police powers and interviews. The Criminal Justice Scotland Act 2016 sets out police arrest and custody rules. Children must have access to legal advice. Under 16s and many 16 to 17 year olds must have a parent, carer, or other appropriate adult informed and offered support. There are special safeguards for vulnerable young people, including access to a solicitor before and during interview.

Child protection and secure care. Under the Children Scotland Act 1995 and related regulations, social work and the police can seek emergency measures like a Child Protection Order. Placement in secure accommodation requires strict legal tests that deprivation of liberty is necessary for the child’s safety or the safety of others and that no less restrictive option would work. Children’s Hearings and courts can authorize secure accommodation where criteria are met.

Disclosure and rehabilitation. Scotland’s disclosure system has specific rules for childhood behavior. The Disclosure Scotland and Rehabilitation of Offenders regime provides that most childhood matters are filtered or become spent more quickly than adult convictions. Information about behavior under age 12 is not a conviction, though certain serious information may be retained by the police and can be disclosed only in limited and reviewable circumstances. Always seek up to date advice because rules continue to be refined.

Education and exclusions. School discipline and exclusion are governed by education law and national guidance. In Aberdeenshire, exclusions should be a last resort. Parents and young people can challenge exclusions through the school, the local authority, and an independent appeal committee. Additional support for learning duties apply and reasonable adjustments should be considered before exclusion.

Recent reforms. The Children Care and Justice Scotland Act 2024 introduces phased reforms expanding the role of the Children’s Hearings System for 16 and 17 year olds and strengthening protections around deprivation of liberty. Commencement is staged, so legal advice is important to understand what is currently in force.

Frequently Asked Questions

What is the Children’s Hearings System and how does it affect families in Stonehaven

It is Scotland’s unique system for addressing children’s welfare and offending. If the Children’s Reporter believes a child may need compulsory measures, the child and parents or carers are invited to a Hearing before three trained panel members. The Hearing gathers views, including from the child, and can make or vary a Compulsory Supervision Order. Hearings are held in local venues covering Aberdeenshire. Legal representatives can attend and speak for the child or advise parents.

What is the age of criminal responsibility and how does it differ from prosecution age

In Scotland the age of criminal responsibility is 12. Children under 12 cannot be criminally responsible. The age of prosecution is effectively 12 as well, but most cases for 12 to 15 year olds and many for 16 to 17 year olds are handled through the Children’s Hearings System. Only a small number of serious cases go to court.

What happens if my child is detained or arrested by Police Scotland in Stonehaven

The police must tell your child their rights, including the right to speak to a solicitor. Under 16s and many 16 to 17 year olds must have a parent or other responsible adult informed and offered to attend. Do not let your child be interviewed without speaking to a solicitor. The police may deal with matters by warning, diversion to social work or the Reporter, or charge and report to the Procurator Fiscal or Children’s Reporter.

Do we need a solicitor for a police interview or a Children’s Hearing

Yes, legal advice is strongly recommended. A solicitor can attend a police interview and ensure safeguards are respected. At a Children’s Hearing, a solicitor helps the child understand and exercise rights, challenges inappropriate grounds, and advises on conditions. If grounds are disputed, a proof hearing at the Sheriff Court is a formal court process where legal representation is essential.

What are grounds of referral and what is a proof hearing at Stonehaven Sheriff Court

Grounds of referral are legal statements explaining why the child may need compulsory measures, such as offending, lack of parental care, or risk of harm. If the child or a relevant person does not accept the grounds, the Reporter asks the Sheriff Court to decide whether the grounds are proved. This is called a proof hearing. Evidence is led, witnesses can be cross examined, and if the Sheriff finds the grounds proved the case returns to a Hearing for decisions on measures.

Will my child have a criminal record and how do disclosure rules work

Children under 12 cannot have criminal convictions. For older children, many matters are handled through Children’s Hearings and do not result in a criminal conviction. Some disposals and convictions may still appear on disclosure checks for a time, subject to rehabilitation and filtering rules that are more protective for childhood behavior. Certain serious information can be disclosed after an independent review. Always get up to date advice before applying for jobs or courses that require disclosure.

Can my child be placed in secure accommodation or remanded

Secure accommodation can only be authorized if strict legal criteria are met, such as serious risk to the child or others and no suitable less restrictive alternative. Children’s Hearings and courts can consider secure care. For older children facing court, decisions about remand consider welfare and public safety, and recent reforms aim to avoid placing under 18s in young offender institutions. Availability and rules are changing, so seek current legal advice.

How do school exclusions work in Aberdeenshire and can we appeal

Exclusions must be lawful, proportionate, and a last resort. The school must explain the reasons and the length. You can challenge an exclusion by contacting the head teacher, escalating to Aberdeenshire Council, and using the independent appeal committee process. If additional support needs are involved, separate rights and remedies may apply. A solicitor or specialist advisor can help prepare an appeal.

What support exists if my child is a victim or a witness

Special measures can be requested to reduce stress and trauma, such as screens, live link evidence, or taking evidence in chief by prior statement. Victim support services operate in the North East, and the police and Procurator Fiscal service have dedicated child friendly processes. A lawyer can help request special measures and protect privacy.

How does legal aid work for children and families in Scotland

Children and qualifying parents or carers can often obtain legal aid for advice, representation at Children’s Hearings, and court proofs. There are several schemes including advice and assistance and assistance by way of representation. Eligibility depends on financial circumstances and the interests of justice. A local solicitor can check eligibility and apply on your behalf.

Additional Resources

Scottish Children’s Reporter Administration. The Children’s Reporter for Aberdeenshire receives referrals about children who may need compulsory measures and arranges Children’s Hearings. Contact the national helpline or the local Aberdeenshire office for information about a referral or hearing dates.

Aberdeenshire Council Children and Families Social Work. Provides assessments, support plans, child protection responses, and throughcare and aftercare services. Contact the council’s social work duty team for advice or to raise concerns.

Police Scotland North East Division. Handles youth interactions, diversion, and child protection in the Stonehaven area. For non emergencies call 101. In an emergency call 999.

Stonehaven Sheriff Court and Justice of the Peace Court. Hears proof hearings for disputed Children’s Hearings grounds and some youth criminal matters. Court staff can explain practical arrangements but cannot give legal advice.

Scottish Legal Aid Board. Provides information about eligibility for legal aid and funds representation for children and qualifying adults in hearings and court proceedings.

Law Society of Scotland. Use the find a solicitor service to identify child law and criminal defense solicitors who work with children and young people in Aberdeenshire.

Clan Childlaw. A Scottish charity law practice that focuses on the rights of children and young people, offering advice and representation in children’s hearings, care, and related court work.

Scottish Child Law Centre. Offers free legal information to children, young people, and families on Scots child law, including education, hearings, and confidentiality.

Children 1st Parentline. Provides confidential support to parents and carers on behavior, safety, and navigating services like social work and the Reporter.

Citizens Advice Scotland. Local bureaux can help with practical issues linked to juvenile matters such as benefits, housing, and school problems, and can signpost to specialist legal help.

Next Steps

Stay calm and gather information. Keep any letters from the police, the Children’s Reporter, the school, or social work. Note dates and deadlines. Do not ignore appointments or hearing notifications.

Get legal advice early. Contact a solicitor who specialises in children’s hearings and youth crime in Aberdeenshire. Ask about legal aid. If the police want to interview your child, request a solicitor before any questions are answered and arrange for a parent or supportive adult to attend.

Prepare for meetings and hearings. Write down your child’s needs, supports, and any concerns. Collect reports from school or health professionals. Discuss realistic alternatives to secure care or exclusion where relevant.

Attend and participate. Go to all hearings and court dates on time. Encourage your child to share their views. Your solicitor can help you present information clearly and challenge inappropriate measures.

Follow through. Comply with any Compulsory Supervision Order or safety plan. Keep in touch with your solicitor and social worker. If circumstances change or an order does not work, ask for a review.

Prioritise wellbeing. Seek support for your child’s mental health, learning needs, and family relationships. Early support often leads to better outcomes in the Children’s Hearings System and at school.