Scottish government consults on raising age of criminal responsibility to 12

The Scottish government has put out for consultation proposals to raise the age of criminal responsibility from eight, the lowest in Europe, to 12 following the publication of a report.

The consultation comes after calls from a group consisting of criminal justice experts and others that safeguards should be included with any increase in the age of criminal responsibility.

According to the group, which included representatives from Police Scotland, Victim Support Scotland, Children and Young People Commissioner Scotland and Social Work Scotland, government and the Parliament should take “early action” to increase the minimum age of criminal responsibility.

While children under 12 cannot be prosecuted they can be referred to the children’s hearings.

In 2012 ministers told the UN Committee on the Rights of the Child they would review the age of criminal responsibility during the current parliament.

The advisory group said police should still be able to investigate incidents “in the most serious circumstances” so forensic samples can be taken and children can be interviewed.

It added that a child under 12 convicted under current law “should no longer have that disclosed unless in exceptional circumstances”.

Scotland’s commissioner for children and young people Tam Bailliewelcomed the consultation.

He said: “In Scotland we have a system envied around the world through taking a progressive, welfare-based approach towards children at risk or in trouble. “However, the criminalising of 8-11 year olds is inconsistent with this approach.

“No 8-11 year old should ever be regarded as a ‘criminal’ nor should they be stigmatised in later life as a result of their actions as a child.”

Scottish Liberal Democrat justice spokeswoman Alison McInnes MSP, commenting on the report said: “Scottish Liberal Democrats have long argued that the age of criminal responsibility should be raised to 12 and now SNP ministers’ own advisory group has backed our calls.

“For years the SNP have sat on their hands and allowed children as young as eight to be criminalised. Many are now stuck with criminal records until they die, which ruins their life chances.

“The SNP rejected innumerable opportunities and attempts from Scottish Liberal Democrats to change the law. Only after the umpteenth time of asking and following international condemnation from the UN Committee on the Rights of the Child they finally set up this group. And now they clearly hoped to sneak out this final report quietly.”

A government spokeswoman said: “While the Scottish government remains open to considering future change, ministers are not taking a firm position on these matters at this point.

“Consultation will enable broader dialogue of the issues raised and the recommendations of the advisory group. The consultation process will inform a decision by ministers in the next session of the Scottish Parliament.”