Lib Dems push for higher age of criminal responsibility

The Scottish Liberal Democrats are pressing for the age of criminal responsibility in Scotland to be increased from eight to 12.

The party’s justice spokeswoman, Alison McInnes, has tabled amendments to the Criminal Justice (Scotland) Bill which would increase the limit to 12, which she said was “the absolute minimum” expected by the UN Committee on the Rights of the Child.

The age of criminal responsibility in England, Wales and Northern Ireland is 10 years old.

Ms McInnes, who said her change would be a “progressive move”, described Scotland’s current rules as “inappropriate and destructive”.

In a letter to Justice Secretary Michael Matheson, she wrote: “Scotland has the youngest age of criminal responsibility in Europe and has fallen a long way behind international best practice.

“Criminalising children as young as eight has ‘long tarnished’ our international reputation according to Scotland’s Commissioner for Children and Young People.”

Speaking after lodging the amendment, Ms McInnes added: “Children at risk of falling into destructive patterns of behaviour need to be supported, not prosecuted.

“Early intervention is key to ensuring that we help children get on in life.

“The current rules allow for children as young as eight to get a criminal record. That cannot be right.

“My amendment would ensure that children are treated like children, not criminals.

Barnardo’s, the Scottish Human Rights Commission and more have all raised concerns over the current age of criminal responsibility. The time for change is now.

“This is an important opportunity to demonstrate that Scotland is committed to upholding human rights and I hope that the Scottish Government will back this progressive move.”

A spokesperson for the Scottish government told The Herald a change to the minimum age would require “further consultation”.

He added: “In 2010 we changed the law so no one under the age of 12 can ever be prosecuted in the criminal courts.

“The change raised the minimum age of prosecution from the age of eight which we considered to be too low.

“Children aged between eight and 11 facing allegations of having committed an offence can be dealt with by the children’s hearing system, which takes an approach centred on the child’s welfare and best interests.”