New group to study age of criminal responsibility rise

The Scottish government is to set up a new forum to consider whether the age of criminal responsibility should be raised higher than 12.

MSPs are debating legislation to raise the age at which children can be held responsible for crime from eight to 12.

However, ministers have resisted calls from opposition parties to go further and raise the age limit to 14 or 16.

Children's Minister Maree Todd said the new panel would look at raising the threshold again within three years.

It will include agencies that work with children and young people.

Lib Dem MSP Alex Cole-Hamilton - who has had two amendments to raise the age further voted down - said the move was "morally bankrupt".

• At what age should children have a criminal record?

At present, the age at which a person is considered old enough to be held criminally accountable for their actions in Scotland is eight years old - the lowest figure in Europe and one of the lowest in the world.

The age of criminal prosecution has been 12 years of age since 2011, meaning children can only stand trial in a criminal court from that age up - but judgements from children's hearings can still appear on their criminal record from eight.

The government has tabled legislation to bring the age of responsibility and that of prosecution into line, at 12. MSPs will hold their final vote on the bill next week.

The change has been in the pipeline for several years, with a previous advisory group set up in 2015 advocating the switch, and a public consultation in 2016 finding 95% support.

Maree Todd has argued that the current bill should not raise the age limit beyond 12

Opposition MSPs have pressed for the age to be raised further, citing UN recommendations that 12 be "the absolute minimum", and a number of SNP members also spoke out about going further in the first Holyood debate on the bill.

Mr Cole-Hamilton put forward amendments to the bill calling for the age to be raised to 14 or 16, but saw them voted down by SNP and Conservative MSPs after Ms Todd urged members not to back him.

She told the committee that services needed to be "ready and feel ready before we consider further change", saying: "We should not increase the age of criminal responsibility or prosecution beyond 12 without being confident that our laws, systems, services and professionals are prepared and supported."

'Baby step'

Announcing the new advisory group to look at raising the age further in future, Ms Todd said the government was "committed to protecting and promoting the rights and interests of children and young people".

She said: "The advisory group will review the future age of criminal responsibility within three years of the bill becoming law, making sure that any increase would protect the interests of children, young people, victims and communities.

"I am also keen to ensure that the review benefits from the views and experiences of children and young people."

But Mr Cole-Hamilton said asking an expert group if the current plan should be strengthened in future was "morally bankrupt".

He said: "It took 10 years to persuade the SNP to take a baby step. Nobody should believe they have any intention of legislating all over again.

"Instead of kicking another generation of children's rights into the long grass, parliament should back my amendments next week and raise the age of criminal responsibility to at least 14."