Law Society and Faculty welcome bill to raise the age of criminal responsibility

Gordon Jackson QC

The Law Society of Scotland and Faculty of Advocates have welcomed a parliamentary bill to raise the age of criminal responsibility from eight to 12.

Stuart Munro, from the Law Society of Scotland’s Criminal Law Committee, said the Law Society was “very pleased” to see the bill introduced.

He said: “The interests of the child must be paramount and it is crucial that their welfare is the focus of attention, even in the difficult circumstances of offending behaviour. We do not think that children under the age of 12 should have their actions recorded as criminal.”

He added: “There are also inconsistencies in our law in that the age of criminal responsibility is currently eight years, but the age at which a child can be prosecuted is 12. This creates confusion in people’s understanding of criminal law and how it relates to children. Raising the age will bring it in line with the existing age of criminal prosecution in Scotland, providing clarity in the law, and will ensure that children are not treated and then labelled as offenders because of things they did when they were under 12 years old.”

Gordon Jackson QC, Dean of the Faculty of Advocates (pictured), said: “We have supported the raising of the age of criminal responsibility from its current European low of eight to 12, and welcome the bill which has been introduced to the Scottish Parliament. We think it will have wide and strong support throughout the country, and that people will view it as a very forward-thinking move.”

The Faculty’s response to a consultation on the issue is here.

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