Law Society backs amendment to change age of criminal responsibility

The Law Society of Scotland has backed calls to raise the age of criminal responsibility in Scotland from eight to 12.

The lawyers’ body said the Criminal Justice (Scotland) Bill, currently before Holyrood, could be amended to contain a provision making the change — as already proposed by Liberal Democrat MSP Alison McInnes.

However, the amendment is opposed by the Scottish government.

Earlier this year, a twelve-page report published by the United Nations expressed concern over the age of criminal responsibility in both Scotland and England.

The report, which examined whether the UK is fulfilling its obligations through the International Covenant on Civil and Political Rights, called on the UK government to “raise the minimum age of criminal responsibility in accordance with international standards and ensure the full implementation of international standards for juvenile justice”.

The age of criminal responsibility is 10 years old in England and 8 years old in Scotland (but 12 years for criminal prosecution). The worldwide average is 12 years old.

Justice minister Michael Matheson does not believe a change should be included in the bill.

However, Professor Elaine Sutherland, a member of the Law Society’s Family Law Committee, wrote in The Herald: “After a period of time, people are generally freed from having to disclose criminal convictions in job applications and the like.

“However, the Scottish rules on non-disclosure of past offences do not apply in all circumstances and so, for example, reference can be made to them in civil proceedings and disclosure can be required when a person is applying for certain jobs or seeking to enter the legal profession.

“Thus, where a person’s sole criminal act was to shoplift, aged 10, and the matter was dealt with by a children’s hearing, that wrongdoing could follow him or her into adult life.

“The Scottish Government has stated that it does not believe the Criminal Justice Bill is the right place to address this issue and will oppose the amendment.

“However, in my view, there is nothing to lose and everything to gain by supporting Ms McInnes’ amendment.”

Ms McInnes added: “I’m delighted to have the backing of the Law Society of Scotland.

“My amendment would ensure that children are treated as children not criminals. Very young children who demonstrate troubling behaviour are themselves often extremely troubled and vulnerable and in need of protection rather than prosecution.”