Age of criminal responsibility raised from eight to 12
- Published
MSPs have backed a bill that will increase the age of criminal responsibility to 12.
Currently children as young as eight can have a criminal record in Scotland, albeit via the decisions of children's hearings rather than the courts.
Some campaigners have already called for the Scottish government to raise it further, to either 14 or 16.
And children's minister Maree Todd has set up a new panel to explore raising the threshold again within three years.
The current age of responsibility in Scotland is two years younger than the rest of the UK, the lowest figure in Europe and one of the lowest in the world.
The cut-off point of eight years of age dates back to the Children and Young Persons Act 1933, which raised the age of criminal responsibility from seven to eight across the UK.
Children's minister Ms Todd said: "This ground-breaking law delivers a bold, progressive, child-centred approach that will make a real difference to children's lives.
"This new law means that no child under 12 will ever again be arrested or charged with an offence in Scotland but the bill also ensures that serious harmful behaviour will be investigated appropriately and victims will continue to get the support they need.
"Currently young children can be left with criminal records that can follow them into adulthood and affect their chances of getting training or a job.
"The measures in the Age of Criminal Responsibility Bill will end that."
The view of a victim's family
Victim’s family speak out over increased age of criminal responsibility in Scotland
Jamie Campbell was three-years-old when he was lured from his grandmother’s garden in Glasgow before being beaten and drowned in 1990.
An 11-year-old boy became Scotland’s youngest killer when he was convicted and jailed.
The victim’s family told BBC Scotland’s The Nine that in passing the bill, politicians are paving over his death.
His cousin Kimberley Cassels said: "They're saying that they want to do this because they want to uphold children's rights and they want to be seen as progressive and there's inconsistencies.
"Jamie's death is not an inconsistency. Jamie's rights should be upheld.
"The government, if they pass this bill, they're basically paving over Jamie's death as if it didn't happen. As if it's something they want to forget but I'll not let it be forgotten."
Lib Dem MSP Alex Cole-Hamilton said the law change does not go far enough.
He said: "Any time we take issue with Russia or China on human rights matters those countries will be able to point out that they have a higher age of criminal responsibility than we do.
"The SNP have no cause to speak of this with pride. I will remind them of it every time they try to proclaim their credentials on children's or human rights in future."
The UN Committee on the Rights of the Child has already demanded the age of criminal responsibility in Scotland be raised to 14 "immediately", while the Children and Young People's Commissioner for Scotland Bruce Adamson has also made his view clear that 14 is the "lowest acceptable age".