An MSP has called for reform in regards to the Scottish age of criminal responsibility with some MPs stating that the age should be raised. 

Alison McInnes of the Liberal Democrats has called for the age of criminal responsibility in Scotland to rise from eight years to the age of 12 during the Criminal Justice Scotland Bill.

“Limit Future Opportunities”

The MPS revealed that she had written to many experts for their opinion and had written to the Justice Secretary Michael Matheson. McInnes stated that under the current law, children as young as eight could obtain a criminal record seriously limiting their future opportunities. 

The amendment led the Scottish Government to state that they are still considering what the appropriate age should be. 

Ms McInnes said: "The law, as it currently stands, is woefully outdated in its perception of children's capacity to make decisions, understand and be deemed responsible for their actions.

"It is not a fair or progressive reflection of the emotional, mental and intellectual maturity of young children."

Criminal Law in Scotland

In Scotland, children can be prosecuted in the courts from the age of 12, but youngsters aged eight and above can be referred to a children's hearing where a decision will be made if they require a criminal record. 

A Scottish Government spokesman said: "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.

"The age of criminal responsibility remains under active consideration and the policy, legislative and procedural implications of a change in Scotland are complex.

"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."

Contact Us

If you require legal advice or representation regarding any matter of criminal law or require our criminal defence services, contact us today using our online contact form.