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The Scottish children's hearing system has always been a powerful buffer between young people and the harsher elements of the criminal justice system. At one time there were fears that this unique system for young offenders and child protection cases could be scrapped in favour of a two-channel approach involving a more punitive agency for young offenders. But the government-sponsored children's hearing review correctly threw out the proposal because the alternative would have been to fast track many more young people to jail.


Children's hearings are, however, coming under increasing pressure as the numbers of cases referred to children's reporters continue to rise. Though only a minority of them go to a hearing, the system has begun to sag under the weight of cases. It is in this context that the Scottish executive's announcement this week of earlier action on youth crime is so significant. Referrals for offending are increasing at the rate of 13 per cent a year, so the executive's proposals for streamlining the hearings do not come a moment too soon. Putting more emphasis on restorative justice and holding hearings outside school hours make good sense, but the greater stress on tackling persistent offenders needs to be treated with caution.

The figures are controversial but conservative estimates put the number of persistent young offenders in Scotland at more than 1,000 - with every indication the trend is rising. It is right to respond by focusing more resources on prevention; repeat appearances before the hearing and more multi-agency programmes involving youth justice teams, the voluntary sector and education will be powerful tools. But parallel steps to extend accelerated court arrangements for persistent offenders risk demonising young people in a way that the Scottish system, unlike its English counterpart, has so far avoided.


In England the contradictions in government policy have often meant that, although youth offending teams have done much good preventive work, another arm of government has been busy promoting antisocial behaviour orders that lure more young people into the criminal justice system. Scotland's approach to Asbos has been much more selective and its preventive efforts much more co-ordinated. It would be a pity if the great virtues of the children's hearing system were to be sacrificed on the altar of public intolerance of a few young people whose lives have gone off the rails.