SCOTLAND's professional legal body has backed a move to stop children under 12 receiving a criminal record.

The Law Society of Scotland wants the age of criminal responsibility in Scotland to be raised from eight to 12 in line with UN recommendations.

They have backed a motion by Liberal Democrat MSP Alison McInnes to amend the Criminal Justice (Scotland) Bill currently going through parliament to include the provision.

However, Justice Minister Michael Matheson has said that he does not believe the Bill is the appropriate vehicle for bringing forward such a change - a claim rejected by the law society.

Professor Elaine Sutherland, a member of the society's Family Law Committee, argues that mistakes made as a child should not follow youngsters into adulthood.

Writing exclusively for The Herald, she described the issue as a "blot" on the country's record of dealing with juvenile offenders.

She said: "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."

Scotland has one of the lowest ages of criminal responsibility in the world.

While children can only be prosecuted in court from the age of 12, youngsters aged eight and above can be referred to a children's panel hearing where decisions can become part of a criminal record.

According to Ms Sutherland, the UN Committee on the Rights of the Child has expressed concerns over the age of criminal responsibility in Scotland as far back as 1995.

While the committee has not outlined an age at which it should be set, it has made it clear that anything below 12 is unacceptable.

Ms McInnes' amendment has also received the backing of a number of children's charities including Barnardo's and Scottish charity Children 1st.

The Liberal Democrat MSP said: “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."

Children 1st chief executive Alison Todd said: "Children who commit crimes very often have complex and difficult childhoods, and instead of being labelled as criminals they and their families need support to address the causes of their behaviour and prevent further offending.

"This is an opportunity for Scotland to recognise children’s rights in line with the UN Convention on the Rights of the Child, and we strongly urge MSPs to support this amendment to the Criminal Justice Bill."

In other parts of the UK, the age of criminal responsibility is 10-years-old, but this is being amended in a bill going through the House of Lords.

The Scottish Government said the issue is "under active consideration".

A spokeswoman said: "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."

She added: "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."