MSPs unite to increase child criminal age from 8 to 12

HOLYROOD has raised the age of criminal responsibility in Scotland from eight to 12.

MSPs unanimously backed the move yesterday.

Childcare and Early Years Minister Maree Todd said the change meant ‘no child under 12 will ever again be arrested or charged with an offence in Scotland’.

But Liberal Democrat MSP Alex Cole-Hamilton, who had called for the age of criminal responsibility to be raised to 14 or 16, said the legislation ‘fatally undermined’ Scotland’s ambition to be a world leader in human rights.

The Scottish Government is already planning to review the legislation after a period of three years.

Miss Todd said: ‘Today is a historic day. This ground-breaking law delivers a bold, progressive, child-centred approach that will make a real difference to children’s lives.’

But ministers admitted further legislation will be needed to close a legal loophole that could see police officers prosecuted for taking young troublemakers home.

Under the law, strict guidelines will define when it is appropriate for a child to be taken to a place of safety – usually their home – if caught committing a crime.

Both Police Scotland and the Scottish Police Federation (SPF) claim this could mean officers are at risk of committing a crime themselves for taking youngsters home when they are thought to be taking part in criminal activities.

Assistant Chief Constable Gillian MacDonald said: ‘Police Scotland is supportive of the principles of the Bill but as it is currently written it does not provide police powers to act unless a child is at risk of significant harm.

‘There could be many circumstances which require police intervention but this would fall below this high bar test, leaving police with no statutory basis on which to

‘Fatally undermined’

act. It is essential the proposed legislation supports officers in their duties, enabling them to keep children and others safe from harm.

‘We remain committed to working with the Scottish Government, staff associations and other partners as the Bill progresses.’

Police Scotland and the SPF had called for the legislation to be delayed but the Scottish Government pressed ahead with the changes yesterday.

Miss Todd admitted additional primary legislation will have to be brought forward to protect police officers.

Meanwhile, in England and Wales the age of criminal responsibility is ten.

However, a proposal from the Equality and Human Rights Commission (EHRC) said the Government should raise the age of criminal responsibility to 14.

Under the proposal, children south of the Border could not be arrested and charged for offences until they were ‘significantly’ older.

It would mean youngsters involved in crimes such as murder could not be arrested, charged or dealt with by the courts and instead would have to be managed through the social care system.

In 1993, ten-year-olds Jon Venables and Robert Thompson tortured and killed James Bulger, two, after abducting him from a shopping centre in Bootle, Merseyside. They were found guilty in November that year – making them the youngest convicted murderers in modern British history.

But the EHRC said the current age of criminal responsibility in England and Wales was lower than in many European countries and ‘inconsistent with accepted international standards’.

It said criminalising children so young could have a ‘detrimental impact on their wellbeing and development and risks making them more likely to reoffend as adults’.