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SCOTLAND is set to go from having the lowest age of criminal responsibility in Britain to the highest, but children’s campaigners say the change does not go far enough.
Holyrood’s equalities and human rights committee gave its unanimous backing today to a bill raising the age from eight to 12. In other parts of Britain, the age of criminal responsibility stands at 10.
Scotland has faced criticism from international agencies for allowing young children to be convicted.
The Scottish Parliament committee is also calling for a ban on the use of police cells for children being taken to a “place of safety.”
Committee convener Ruth Maguire said: “The committee is very supportive of raising the age at which children and young people become criminally responsible for their actions.
“We recognise that many children enter the criminal justice system because of trauma they have suffered in their young lives.”
Ms Maguire said “compelling evidence” heard by the committee had “given members a real sense of urgency.”
The prosecution age in Scotland was raised to 12 in 2010. But eight to 11-year-olds can still be convicted through a “children’s hearing.”
If passed by the Scottish Parliament, the new law will remove this disparity.
In evidence to the committee, Police Scotland, the British Transport Police, the Kirk and other civil society organisations expressed support for the move.
But Scottish Children’s Commissioner Bruce Adamson told MSPs the age of responsibility should be raised to “at least 16.”
He said: “The proposal currently before Parliament is a move in the right direction, but a small one, and only to the absolute minimum international standard.”
Howard League Scotland complained that the committee’s consultation “misrepresents” the UN Committee on the Rights of the Child recommendation on the minimum age.
“A correct interpretation of the UN committee position is not that it recommends that 12 should be the minimum age, but rather that the minimum age should never be below 12.
As such, 12 is the bare minimum of acceptability proposed by the committee,” the justice charity said in its submission, agreeing with Mr Adamson that the age should be at least 16.