Bill to raise age of criminal responsibility comes before Holyrood
The minimum age at which a child can be charged with a criminal offence will rise from eight to 12, under a bill just introduced to the Scottish Parliament.
The Age of Criminal Responsibility (Scotland) Bill will bring Scotland into line with recommendations from the UN Committee on the Rights of the Child, which has called for a minimum age of at least 12, and follows a consultation last year in which 95% of respondents supported an increase to 12 or above.
Under-12s are already excluded from prosecution in the criminal courts, those charged being referred to the children's hearing system. However the acceptance or establishment that such a child has committed an offence is later disclosable as a conviction, potentially affecting the child in later life. The bill will not impact on services to address the child‘s behaviour and the needs underlying it, or on the hearings system‘s wide powers to put in place compulsory measures of supervision where required.
It further provides that:
- any information on harmful or concerning behaviour involving children under the age of 12 will no longer be disclosed automatically but will be subject to independent review on a case by case basis;
- bespoke new measures will ensure that police can thoroughly investigate the most serious incidents, but with investigations being carried out in a child-centred way that is in keeping with the ethos of removing young children from criminal justice processes;
- victims of harm will continue to receive appropriate support and information.
Early Years Minister Maree Todd commented: “All children deserve the best possible start in life and this legislation marks a key milestone in Scotland’s journey to ensure children are respected and valued.
“We know the actions of children who harm others are often a symptom of trauma in their own lives and that accruing a criminal record actually drives more offending. This legislation will help turn around the lives of troubled, primary school age children – who are often vulnerable themselves – by addressing their deeds in the context of supporting their needs.
“Importantly, the bill contains measures to provide reassurance to victims and communities that serious incidents will still be responded to appropriately.”