Government told to raise age of criminal responsibility

Scotland currently has the lowest age of criminality in Europe and was urged to increase it by the United Nations eight years ago.

In 2012 the Scottish Government pledged to address the issue but an advisory group set up by ministers only began its examinations last November.

The group included senior figures from Police Scotland, charities, Social Work Scotland, Scotland’s children’s commissioner and the Scottish Children’s Reporters’ Administration.

Its report, which is expected to be implemented, said: “Scotland has been criticised for having an age of criminal responsibility which is the lowest in Europe.

“As such, the Advisory Group approached an increase in the age of criminal responsibility to 12 years old not from the perspective of if it should happen, but rather how and when it should happen."

Under 12s who have already been convicted of offences are likely to see their criminal records wiped clean under the proposals and will no longer be compelled to declare them.

Member of the advisory team, Dr Claire Lightowler, who is director of the Centre for Youth and Criminal Justice at Strathclyde University, said new research now suggests young people do not make socially responsibly decisions until they reach 16 at the earliest.

But many who fail to develop these skills until later in life have usually experienced trauma, neglect, maltreatment or domestic abuse, she said.

“The vast majority of children involved in offending have experienced such issues and are the most vulnerable and victimised of young people in Scotland," said Dr Lightowler.

And she said: “The evidence also suggests that adding the label of ‘offender’ to a child makes their continued involvement in offending more likely.”

New police powers may be necessary to ensure that in the most serious circumstances children can be taken to a place of safety, potentially in the absence of their parents or carers.

At present children in Scotland aged under 12 cannot be prosecuted but can be required to attend a children’s hearing where they can be held legally responsible for a crime. This could mean acquiring a criminal record which can affect opportunities in later life.

Scotland’s commissioner for children and young people Tam Baillie welcomed the consultation while Paul Carberry, the director of children’s services at Action for Children, said the report was a "positive step forward".

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.”

Victim Support Scotland was represented on the group but said the rights of victims "should not be compromised due to the age of the offender".

Lib Dem MSP Alison McInnes, who unsuccessfully attempted to raise the age of criminal responsibility through an amendment to the Criminal Justice Bill last year, welcomed the report but accused the Scottish Government of dragging its heels.

Ms McInnes said: “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.”

Ministers are not taking a position on whether the law should change and have launched a consultation on the issue, which will conclude after the Holyrood election.

A Scottish Government spokesperson said: “We will consider all views put forward and an announcement on any reform of legislation will be made in due course.”