The parents of a 14-year-old boy who was forced to apologize for being gay after being tied to a chair have criticized Scotland’s justice system for giving a “slap on the wrist” to the teenagers involved. However, none of those involved in the incident can be named due to their age. A video clip seen by BBC shows the boy sitting in a dilapidated building with his wrists tied and a stick at his throat. Police arrested two 16-year-olds and a 15-year-old and charged them for an abduction and assault. However, none were taken to court, and the case was referred instead to the Scottish Children’s Reporter Administration (SCRA).
The SCRA, based on its confidentiality rules, cannot disclose details about its decisions. Scottish government policy aims to avoid sending children to the criminal justice system and to support them in changing behavior whenever possible. The boy’s mother, however, reported that their son was a victim of a hate crime. She said they had all been traumatized by the system and the absence of justice and support for their son, the victim of serious crimes.
Despite the family’s belief that the case would be dealt with in the Glasgow Sheriff Court, the case was referred to the Children’s Reporter. The family, as a result, found it challenging to learn about what was happening in the following weeks. The SCRA reportedly decided not to refer the teenagers to a children’s hearing but to appoint a social worker to help one of them work on their behavior and any other problems another teenager might be experiencing. Meanwhile, the boy’s father expressed his disbelief in the handling of the case and said his family was in a state of shock. The mother emphasized that dealing with the teenagers in court would have been a deterrent to their never terrorizing anyone as they did in her son’s case.
The Scottish Conservative MSP Russell Findlay has been following up on the case with the head of Scotland’s prosecution service, Lord Advocate Dorothy Bain KC. In response, the Lord Advocate Bain explained that the Crown Office and Procurator Fiscal Service (COPFS) had taken time to examine all the evidence available. She added that the decisions made about the case were a result of consultations between the Crown and SCRA and emphasized that Scotland’s aim is to balance the seriousness of the offense with the children’s best interests, including those of both the suspects and victims. The Lord Advocate also apologized for the parents not being informed of the SCRA decision due to a mistake that she says was made.
The Scottish government has prioritized improving the experiences of victims and those affected by its justice system. The Children (Care and Justice) Act, introduced to ensure age-appropriate justice delivery while keeping children out of prison, is an example of such efforts. It has delivered significant reductions in Reporter referrals, court appearances, and custody over the past decade. Meanwhile, the Scottish Children’s Reporter Administration says the Children’s Hearings system requires sufficient evidence and a need for compulsory supervision before a child can be referred to a hearing. However, confidentiality and privacy obligations may constrain them from providing explanations that would satisfy the victims or the general public
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