Diversion programs for juvenile offenders in Scotland: Applicability of the Scottish system experience in Serbia

Diversion programs and measures for juvenile offenders, that is, the avoidance or diversion of criminal proceedings, are among the key points which the relevant international instruments advocate for. Scotland certainly stands out among those with the decades of extensive experience in responding to juvenile delinquency beyond the criminal justice system. Scottish legal system is characterized by very specific solutions concerning juvenile offenders, significantly different from those existing in the rest of the United Kingdom. Considering that Serbian positive regulations insist on the use of diversionary mechanisms, both through the application of the principle of opportunity and through the application of educational orders, the question arises as to whether certain Scottish experiences are applicable in Serbia, and how comparable the two systems are. Therefore, the paper is dedicated to the analysis of the basics of Children's Hearings system, in order to highlight its strengths and weaknesses. Historical, normative and comparative methods have been applied. The aim of the paper is to identify specific recommendations that may be relevant for the future treatment of juvenile offenders in Serbia.