Raising the age of Criminal Responsibility

Age of Criminal Responsibility (Scotland) Act 2019 

The age of criminal responsibility in Scotland increases from 8 years to 12 years on 17 December 2021.  This means that any child under the age of 12 years cannot be charged or arrested for an offence and will no longer be held criminally responsible for their actions. The Act reflects a trauma informed approach for children who come into conflict with the law, recognising a wealth of evidence about children who display harmful behaviours which highlights the links between vulnerability, victimisation and offending. We know many children who display harmful behaviours are highly vulnerable themselves and may have experienced trauma and crime in their own lives.

The Act reflects Scotland's commitment to international human rights standards and reflects advice from the United Nations on what a child-friendly justice system should look like, incorporating the UN Rights of the Child ensuring a Rights Respecting approach. It follows up on The Promise by emphasising that families must be given the support to overcome the difficulties they may encounter.

If you would like to find out more about the Act, the Scottish Government website has lots of information which you can find at Age of Criminal Responsibility (Scotland) Act 2019 (legislation.gov.uk)