Skip to main content

Language: English / Gàidhlig

Loading…

Age of Criminal Responsibility (Scotland) Bill

The age at which someone is considered capable of committing a crime is currently 8. This Bill seeks to raise this to 12.

This is a Government bill

The Bill became an Act on 11 June 2019

Introduced: the Bill and its documents

Overview

The age at which someone is considered capable of committing a crime is currently 8. This Bill seeks to raise this to 12.

It would mean no child under 12 could be:

  • referred to a children’s hearing for committing a criminal offence
  • convicted of an offence or receive a criminal record

It would also mean:

  • information on harmful behaviour involving someone when they were under 12 will no longer be disclosed automatically
  • police will have more powers to investigate the most serious cases of harmful behaviour involving children under 12 

The behaviour of children under 12 will continue to be addressed in the children’s hearings system. The children’s hearings system is Scotland’s unique care and justice system for children and young people.  

Why the Bill was created

At 8, Scotland's age of criminal responsibility is the lowest in Europe. It’s 10 in England, Wales and Northern Ireland.

The minimum age of prosecution was raised to 12 in 2011. Since then, children under 12 have had their cases heard in a children’s hearing instead of a criminal court. 

There have been calls to raise the age of criminal responsibility to 12 too. These have come from the United Nations and organisations representing children.

Accompanying Documents

Explanatory Notes (723KB, pdf) posted 10 June 2019

Policy Memorandum (747KB, pdf) posted 10 June 2019

Financial Memorandum (169KB, pdf) posted 11 January 2022

Delegated Powers Memorandum (259KB, pdf) posted 13 March 2018

Statements on legislative competence (70KB, pdf) posted 10 June 2019

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Age of Criminal Responsibility (Scotland) Bill SPICe briefing

The Bill was introduced on 13 March 2018

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Equalities and Human Rights Committee.

Call for views (closed)

The deadline for sharing your views on this Bill has passed.

Read the responses

Who spoke to the lead committee

Work by other committees

Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 13 November 2018 to consider and decide on the general principles of the Bill.

  • Motion title: Age of Criminal Responsibility (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Age of Criminal Responsibility (Scotland) Bill.
  • Submitted by: Maree Todd
  • Date lodged: Monday, 12 November 2018
  • Motion reference: S5M-14704
  • Current status: Taken in the Chamber on Tuesday, 13 November 2018

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 13 November 2018

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

First meeting on amendments

Documents with the amendments considered at the meeting held on 28 January 2019:

First Marshalled List of Amendments for Stage 2 (265KB, pdf) posted 11 June 2019

First Groupings of Amendments for Stage 2 (275KB, pdf) posted 11 June 2019

Second meeting on amendments

Documents with the amendments considered at the meeting held on 4 February 2019:

Second Marshalled List of Amendments for Stage 2 (229KB, pdf) posted 11 June 2019

Second Groupings of Amendments for Stage 2 (250KB, pdf) posted 11 June 2019

Work by other committees

Delegated Powers and Law Reform Committee


Revised Documents

Revised Explanatory Notes (485KB, pdf) posted 21 September 2020

Supplementary Financial Memorandum (177KB, pdf) posted 21 September 2020 

Supplementary Delegated Powers Memorandum (149KB, pdf) posted 07 August 2020

The Bill ended Stage 2 on 7 February 2019

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debate on proposed amendments

Documents with the amendments considered in the Chamber on 7 May 2019:

Marshalled List of Amendments for Stage 3

Groupings of Amendments for Stage 3

Final version of the Bill

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

  • Motion title: Stage 3: Age of Criminal Responsibility (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Age of Criminal Responsibility (Scotland) Bill be passed.
  • Submitted by: Maree Todd
  • Date lodged: Thursday, 02 May 2019
  • Motion reference: S5M-17169
  • Current status: Taken in the Chamber on Tuesday, 07 May 2019

Result 123 for, 0 against, 0 abstained, 6 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 7 May 2019

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.

This Bill was passed on 7 May 2019 and became an Act on 11 June 2019.

Read the Act

Age of Criminal Responsibility (Scotland) Act 2019