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Minister to announce 'way ahead' on young criminals Minister to announce 'way ahead' on young criminals
(about 7 hours later)
Scotland's early years minister is to update MSPs on the government's position on raising the age of criminal responsibility to 12.Scotland's early years minister is to update MSPs on the government's position on raising the age of criminal responsibility to 12.
Children as young as eight can have a criminal record in Scotland, although via the decisions of children's hearings rather than the courts.Children as young as eight can have a criminal record in Scotland, although via the decisions of children's hearings rather than the courts.
The government held a consultation earlier in the year after an advisory panel backed raising the limit to 12.The government held a consultation earlier in the year after an advisory panel backed raising the limit to 12.
Mark McDonald is to make a ministerial statement to "announce the way ahead".Mark McDonald is to make a ministerial statement to "announce the way ahead".
You can watch the statement live at Holyrood Live from 2.30pm.
The current age of criminal responsibility, when a child is considered capable of committing a crime and old enough to stand trial and be convicted of an offence, is currently set at 10 in England, Wales and Northern Ireland.The current age of criminal responsibility, when a child is considered capable of committing a crime and old enough to stand trial and be convicted of an offence, is currently set at 10 in England, Wales and Northern Ireland.
In Scotland, while children cannot formally be prosecuted in a court until they are 12, from the age of eight they can go before a children's hearing and have these judgements added to their criminal record.In Scotland, while children cannot formally be prosecuted in a court until they are 12, from the age of eight they can go before a children's hearing and have these judgements added to their criminal record.
'Profoundly abusive'
The Scottish government set up an advisory group on the subject in 2015, which came back with a report recommending the age of responsibility be raised to 12.The Scottish government set up an advisory group on the subject in 2015, which came back with a report recommending the age of responsibility be raised to 12.
A consultation was subsequently held between March and June 2016, with the Scottish government saying it would "inform a decision by ministers".A consultation was subsequently held between March and June 2016, with the Scottish government saying it would "inform a decision by ministers".
Leading QC Derek Ogg told the BBC's Good Morning Scotland programme that it was important to take into account the background of a child when considering prosecution.
He said: "The thing that we've got to remember in all of this is that a child who offends is himself a victim.
"That's a child that we're talking about who's been let down. It may be parenting, it may be mental health services, it may be social services.
"The vast majority of children - and I'm talking about children until 16 - the vast majority of children who come into contact with criminal authorities and criminal courts are from profoundly abusive backgrounds, whether it's sexual abuse, criminal abuse or poverty.
"So we have to bear in mind that we are dealing with very vulnerable children when they come into contact with the criminal justice system."
'Consider the case''Consider the case'
In 2015, Lib Dem MSP Alison McInnes put forward amendments aimed at making the same change to a criminal justice bill in the previous Holyrood session, but saw them voted down at committee level.In 2015, Lib Dem MSP Alison McInnes put forward amendments aimed at making the same change to a criminal justice bill in the previous Holyrood session, but saw them voted down at committee level.
The party's new justice spokesman Liam McArthur called on the government to "right this wrong".The party's new justice spokesman Liam McArthur called on the government to "right this wrong".
He said: "The SNP government had numerous opportunities to change the law, not least when they voted against our amendments twice in the previous parliament.He said: "The SNP government had numerous opportunities to change the law, not least when they voted against our amendments twice in the previous parliament.
"They refused to implement the recommendations of the UN Committee on the Rights of the Child, as well as the recommendations of their own advisory group. This failure by the SNP to act has let children down in Scotland.""They refused to implement the recommendations of the UN Committee on the Rights of the Child, as well as the recommendations of their own advisory group. This failure by the SNP to act has let children down in Scotland."
A Scottish government spokesman said: "In 2010, this government raised the age of criminal prosecution to 12 years old. As set out in our Programme for Government, we will also consider the case for raising the minimum age of criminal responsibility to 12.A Scottish government spokesman said: "In 2010, this government raised the age of criminal prosecution to 12 years old. As set out in our Programme for Government, we will also consider the case for raising the minimum age of criminal responsibility to 12.
"Mark McDonald, minister for childcare and early years, will announce the way ahead in a statement to Parliament on December 1.""Mark McDonald, minister for childcare and early years, will announce the way ahead in a statement to Parliament on December 1."