MSP seeks to raise age of criminal responsibility

An MSP is attempting to raise the age of criminal responsibility in Scotland in order to comply with standards set by the UN Committee on the Rights of the Child.

Liberal Democrat justice spokesperson Alison McInnes has tabled amendments to the Criminal Justice (Scotland) Bill that would see the minimum age in Scotland rise from eight to 12.

Twelve is already the lowest age for prosecution in the criminal courts, since a change to the law in 2010, but the new move would mean that younger children could no longer be brought before a children's hearing on the ground of having committed an offence. 

Ms McInnes said that 12 years old was the "absolute minimum" expected by the UN Committee, and that the present law, which meant a child as young as eight could get a criminal record, was "woefully outdated".

The minimum age across the rest of the UK is 10.

The Scottish Government said the age of criminal responsibility remained "under active consideration", and the policy, legislative and procedural implications of a change in Scotland were complex. A spokesperson pointed out that the children's hearings took a welfare based approach, adding: "There is a particular need to retain confidence where eight to 11-year-olds are involved in the most serious violent or sexual cases. Further consultation will be required on any future change in respect of minimum age."