Age of Criminal Responsibility
The age at which someone was considered capable of committing a crime was 8. The Age of Criminal Responsibility Scotland Act 2018 raised this to 12.
This means, no child under 12 can be:
Referred to a children’s hearing for committing a criminal offence
Convicted of an offence or receive a criminal record
It also means:
Information on harmful behaviour involving someone when they were under 12 will no longer be disclosed automatically
Police will have more powers to investigate the most serious cases of harmful behaviour involving children under 12
The behaviour of children under 12 will continue to be addressed in the children’s hearings system. The children’s hearing system is Scotland’s unique care and justice system for children and young people.
The Age of Criminal Responsibility (Scotland) Act 2019 was passed unanimously by the Scottish Parliament on 7 May 2019 and received Royal Assent on 11 June 2019.
The Act was commenced in phases, and was fully commenced on 17 December 2021. Children under the age of 12 can no longer be charged or arrested.
How young people helped with the Bill
In developing the Age of Criminal Responsibility Bill, the Scottish Government worked with members of the Scottish Youth Parliament (SYP), young offenders in Polmont, school pupils, children in secure care, looked after children, children involved in minor offending, vulnerable girls and young women, and child victims.
The Scottish Government consulted with young people directly in implementation of the Act, including a workshop with the SYP’s Justice Committee to seek young people’s views on a suitable space for an investigative interview.
The Scottish Government also sought input to a Police Scotland leaflet about the power to take a child to a place of safety.
What influence do young people’s views have?
Two young people participate on the Age of Criminal Responsibility Advisory Group.
As part of the community confidence subgroup, the Scottish Government worked with young people to develop an animation explaining what Age of Criminal Responsibility means for children.
As part of the Data & Research subgroup, a young person developed and led a survey of children and young people, seeking their views of the age of criminal responsibility. Research findings can be found here
Contact Information
Kenzy Thomson, Engagement Officer - Age of Criminal Responsibility - kenzy.thomson@gov.scot
