The Courier & Advertiser (Perth and Perthshire Edition)
Too young to be a criminal
As the Scottish Government looks to raise the age of criminal responsibility from eight to 12, Michael Alexander talks to those involved in the issue
The grainy CCTV images of Jon Venables and Robert Thompson leading Liverpool toddler James Bulger to his death still resonate powerfully to this day. Amid overwhelming national revulsion at the abduction and murder, their conviction in November 1993 led to heated debate as to whether two boys, aged 10 at the time of the killing, should stand trial for murder.
Thankfully, there have been no similar Scottish cases in the 23 years since.
However, pressure has been mounting for a review of the age at which Scottish children should be held criminally responsible for their actions.
Now the Scottish Government has announced it will raise the minimum age of criminal responsibility from eight to 12.
Up to now, it meant Scotland has the lowest minimum age of criminal responsibility in Europe.
By contrast, the minimum age of responsibility is 10 in England and Wales, 13 in France and Holland, 15 in Denmark, 16 in Spain and Russia and 18 in Belgium and Luxembourg.
Although children under the age of 12 cannot be prosecuted in court in Scotland, those aged eight and over can be referred to the children’s hearings system for offending, meaning they have a criminal record.
Early years minister Mark McDonald confirmed the proposed change in a statement to MSPs.
“The case for change is clear and compelling,” he said.
Damaging
“Raising the age of criminal responsibility will mean people no longer face potentially damaging and life-altering consequences, such as a criminal record, for events that took place when they were a young child.
“I recognise that in exceptional cases appropriate safeguards are needed.
“Therefore, we will ensure police powers to investigate harmful behaviour by under-12s, while there will be risk management and monitoring measures for those who need it.”
He added: “Having the lowest minimum age of criminal responsibility in Europe does not match with our approach to youth justice and ambitions to give children the best start in life.
“In 2010 we raised the age of criminal prosecution to 12 – meaning no one under the age of 12 will be prosecuted or sentenced in the criminal courts.”
The move seems to have been given overwhelming support by experts.
Milnathort-based mother-of-two Liz Rougvie, a former member of the Fife Children’s Panel, told The Courier the move was “long overdue” – although she feels even 12 is too low.
Victims
She said:“Children who commit crimes are invariably victims themselves – of poor parenting; physical, emotional or sexual abuse; chaotic lifestyles or poverty.
“I don’t believe they’re born with an innate sense of right and wrong and unlike adults, don’t have the cognitive skills to think their actions through.
“Children’s hearings make decisions based on ‘needs not deeds’ and always in the best interests of the child.”
She added: “If it’s considered to be in the interests of public safety, a child can be held in secure accommodation.
“But ironically, as the law stands at present, if a child appears before a children’s hearing on offence grounds, he or she will have a criminal record. This too needs to be addressed.”
The Law Society of Scotland said raising the age of criminal responsibility would bring consistency.
Ian Cruickshank, convener of the society’s Criminal Law Committee, said: “The interests of the child must be paramount. It is crucial that their welfare is the focus of attention, even in the difficult circumstances of offending behaviour.
“We do not think that children under the age of 12 should have their actions recorded as criminal.”
Anne Houston is chairwoman of the Scottish Child Protection Committee Chairs’ Forum.
She said that if Scotland wants to become a country where children are properly protected and their rights respected, the move was the right one.
“Our organisation’s view is that raising the age of criminal responsibility for children is one of the key actions needed to help make this vision a reality,” she said.
Mid Scotland and Fife Conservative MSP Liz Smith said she recognised the desire for change but it was important to make sure the proposed changes did not undermine the rule of law.
“We will scrutinise all the evidence presented to Parliament extremely carefully,” she said.
“There are complex issues relating to this potential change, not the least those concerning the need for important safeguards to be put in place when exceptional cases of criminal behaviour take place.”