Bid On Criminal Responsibility Age

An MSP has launched a bid to increase the age at which children can be held responsible for crimes they have committed.

Liberal Democrat Alison McInnes wants to see the age of criminal responsibility in Scotland rise from eight years - which she says is woefully outdated'' - to the age of 12.

In a bid to bring about the change she has put forward amendments to the Criminal Justice (Scotland) Bill. Ms McInnes has also written to Justice Secretary Michael Matheson on the issue, arguing that the law as it stands means it is possible for children as young as eight to get a criminal record.

This could limit their opportunities'' in later life and is bothinappropriate and destructive'', the Liberal Democrat justice spokeswoman added.

In England, Wales and Northern Ireland, the age of criminal responsibility - when a child is considered capable of committing a crime and old enough to stand trial and be convicted of an offence - is set higher at 10 years old.

But Ms McInnes argued that 12 years old is the absolute minimum'' expected by the UN Committee on the Rights of the Child.

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 Ms McInnes said: The law, as it currently stands, is woefully outdated in its perception of children's capacity to make decisions, understand and be deemed responsible for their actions.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

She added: I understand from Barnardo's and other organisations that there are occasions when referrals to children's hearings on offence grounds cause a child of just eight or nine to obtain a criminal record.

This could limit their opportunities for life and is an inappropriate and destructive response the law should prevent. It strikes me that anything less would be incompatible with the Scottish Government's 'getting it right for every child' agenda.

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.''

The Lib Dem MSP argued: 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.''