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Appears in Collections:Law and Philosophy Journal Articles
Peer Review Status: Refereed
Title: A Tripartite Analysis of the Grounds of Referral to Children's Hearings
Author(s): Donnelly, Michelle
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Keywords: children’s hearings
grounds of referral
Issue Date: 2019
Date Deposited: 2-Apr-2019
Citation: Donnelly M (2019) A Tripartite Analysis of the Grounds of Referral to Children's Hearings. Juridical Review, 2019 (2), pp. 117-135.
Abstract: This article is concerned with the grounds of referral to the children's hearings system: Scotland's integrated juvenile care and justice system. The article posits a tripartite analysis of the grounds upon which children can be referred to hearings and, in so doing, rejects the traditional dualism between "offence" and "care and protection" grounds. Drawing upon empirical research, the article identifies three categories of grounds in current practice, namely: "care and protection", "conduct" and "offence". Qualitative data is presented in support of this original tripartite classification, which highlights the role of age in influencing the appropriate category of ground and suggests that children move through the different categories over time. The article concludes by exploring the practical significance of the tripartite nature of the grounds of referral and argues that increased use of diversion could prevent children from progressing through the three categories over time.
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is a pre-copyedited, author-produced version of an article accepted for publication in Juridical Review following peer review. The definitive published version Donnelly M (2019) A Tripartite Analysis of the Grounds of Referral to Children's Hearings. Juridical Review, 2019 (2), pp. 117-135 is available online on Westlaw UK or from Thomson Reuters DocDel service .

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