The Young Offender

The first chapter places the book in its historical, theoretical and cultural setting, exploring the background against which juvenile justice reform occurred in Scotland and placing this in the wider context of exchange between reformers on the international front. The aim here is to explain the way in which children evolved as a distinctive group in terms of criminalisation, providing a fuller understanding of the legal processes of reform analysed in the book.

Introduction

The introductory chapter provides an overview of the main themes discussed in the book and its key insights. It highlights the legacy of reform, commenting on some of the connections between the nineteenth-century history explored in the book and later developments in twentieth- century Scotland, including the links between the earlier history and the seminal Kilbrandon Report in 1964.

The Road to Kilbrandon

This final chapter brings the historical account up to date and draws some overall conclusions, highlighting the connections between the period studied in detail and later changes. The chapter opens by examining developments in the inter-war years and then moves on to consider the Kilbrandon Report. This includes discussion of the background to the Report and argues that in important respects William Watson can be seen as foreshadowing Kilbrandon. The following part of the chapter presents key conclusions in the following areas: the impact of diversionary systems; childhood in the nineteenth century; the underlying tensions, conflict and compromise within nineteenth-century juvenile justice reform; and the areas in which the book poses challenges to existing thought. The focus of the penultimate section is on research conclusions in relation to criminalisation and the key factors which operated together to criminalise children. The final section discusses transjurisdictional issues which have emerged in the book, and draws together topics of concern and debate which recurred throughout the period studied and which remain highly relevant to contemporary juvenile justice.

Pressure for Reform

The second chapter analyses the growing pressure for reform in the mid-century, examining the pioneering diversionary systems for young offenders and the pressure for legislation. As throughout the book, this analysis is set in the legal context with examination of relevant case law, legislative and procedural factors.

New Horizons?

The fourth chapter places the focus on the period 1884-1910, analysing the situation in Scotland at the turn of the century; by this time the statutory system had evolved into a net-widening diversionary mechanism under which thousands of children were detained in institutions of a penal character. An important aim of this chapter is to assess the impact the Children Act 1908 and the introduction of the juvenile court, which means looking beyond this timeframe to the 1920s and 1930s. Crucially, this chapter provides a detailed analysis of archival case studies revealing the way children were dealt with by the courts, including the High Court of Justiciary.

The Dream Fades

The third chapter moves on to examine the period 1860-84, looking at the impact of the developing statutory system and its central features. Underpinning the whole analysis is examination of cases illustrating the way the system was applied in practice. It demonstrates the unforeseen consequences of this legislative and centralising process: in essence, the distinctiveness of the Scottish day industrial school system was sacrificed, its original welfarist principles undermined as it became aligned to the British system regulating certified residential industrial and reformatory schools of a penal character. The chapter also covers efforts to restore the original elements of the project and the calls for reappraisal, culminating in Watson’s final, poignant public appearance when he passionately denounced the statutory system.