Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. News and events
  3. Legal news
  4. Age of Criminal Responsibility Act in force next month

Age of Criminal Responsibility Act in force next month

19th November 2021 | criminal law | Criminal legal aid

The age of criminal responsibility in Scotland will increase from eight to 12 from 17 December 2021, as the Age of Criminal Responsibility (Scotland) Act 2019 comes fully into force.

It is already the case that a child under 12 cannot be considered an "offender", and will not be prosecuted. The offence ground for referring a child to a children’s hearing has also been removed through the commencement of s 3 of the Act in November 2019. 

The Act contains safeguards to ensure that harmful behaviour by children under 12 can be responded to in an appropriate way, which will not criminalise children. 

In addition to the formal provision raising the minimum age, the provisions about to come into force relate to powers enabling Police Scotland to investigate incidents where a child below the age of criminal responsibility is behaving in a violent or dangerous way, causing or risking causing serious physical harm to another person, or is behaving in a sexually violent or sexually coercive way, causing or risking causing harm (whether physical or not) to another person. These powers can only be used in the most serious cases, and in most cases require a court order to be exercised. The children's legal assistance scheme has been amended to cover children subject to such an order.

Other new provisions cover the duty on a children’s hearing to consider the need for further reports, and the duty on Scottish ministers to review operation of the Act in general, and with a view to considering a future age of criminal responsibility: some campaigners maintain that 12 is still low by international standards, and the minimum age should be raised to at least 14.

Any non-conviction information relating to harmful behaviour that occurred when a child was under 12 can no longer automatically be disclosed by the state, but only after it has been considered by an independent reviewer.

Statutory guidance on use of the power to take a child to a place of safety, and on the investigative interview, was published on 2 September 2021. Operational guidance is being finalised by Social Work Scotland, Police Scotland and COSLA.

Regulations to establish the register of child interview rights practitioners are in place, and a number of solicitors will shortly be appointed as child interview rights practitioners, having successfully completed pre-appointment training.

Children's Minister Clare Haughey said said the law would mean that "primary school-aged children will no longer be stigmatised from being labelled as offenders at such a young age, which will improve their life chances and wellbeing".

She added: "Evidence shows that many children and young people who display harmful behaviours are highly vulnerable and have experienced trauma and adversity. They may have been victims of crime in their own lives. Understanding this, and responding with compassion and willingness to work with children will ensure that fewer enter the criminal justice system as they grow up.

"The Act has safeguards to ensure that serious harmful behaviour will be investigated appropriately and that victims will continue to get the support they need and to have their voices heard."

 

 

Add To Favorites

Additional

  • News and events

In this section

  • Law Society news
  • CPD & Training
  • Blogs & opinions
  • Events
  • 75th Anniversary

Categories

  • civil litigation
  • criminal law
  • employment
  • obituary
  • careers
  • practice management
  • law society of scotland
  • government-administration
  • welfare/benefits
  • family-child law
  • reparation
  • professional regulation
  • property (non-commercial)
  • insolvency
  • consumer
  • human rights
  • mental health-adult incapacity
  • planning/environment
  • europe
  • information technology
  • immigration
  • education-training
  • executries
  • corporate
  • commercial property
  • agriculture-crofting
  • dispute resolution
  • risk management
  • intellectual property
  • client relations
  • tax
  • licensing
  • banking-financial services
  • trusts-asset management
  • reviews
  • opinion
  • For the public
  • Research and policy
  • Regulation
  • Journal online news
  • interview

News Archive

  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013

Related articles

  • Jury trials to return to the islands in spring
  • SCTS revises criminal case backlog predictions
  • Current justice funding model unsustainable: MSP report
  • Crime figures up 3% in first full post-Covid year
Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited