The Age of Criminal Responsibility (Scotland) Act 2019 Learning Event – 30 January 2024 Report on Key Findings

Section 1: Background of the Act

The Age of Criminal Responsibility (Scotland) Act 2019 (‘the Act’) raised the age of criminal responsibility in Scotland from 8 to 12 years which is the highest age of all UK nations. The Act fully commenced in December 2021 and places a duty on Scottish Ministers to review the operation of the Act, with a view to considering a potential future age of criminal responsibility within three years of commencement.

The three-year review period started on 17 December 2021, the day that Section 1 came into force. In carrying out the review, Scottish Ministers must consult such persons as they consider appropriate.

The Age of Criminal Responsibility Advisory Group was established to support Scottish Ministers with the review. Work is also ongoing to determine what would be needed by way of systems, structural and practical changes to support a potentially higher age of criminal responsibility in Scotland.

The Advisory Group must report to Scottish Ministers on the review by December 2024. Scottish Ministers are then required to report the findings to Scottish Parliament and any decision to change the age of criminal responsibility by December 2025.

Purpose of Learning Event

The first learning event took place on 26 January 2023, and this event looked at pre and post-commencement experiences of the Act across a range of services, professions and disciplines. A full report can be found here.

The second learning event took place on 30 January 2024. This focused on reflections from practice in year two since full commencement (December 2022 - December 2023). The event also enabled stakeholders to discuss what critical work would be required in the review period’s final year.

Learning event delegates – the key stakeholders

Key delivery partners and stakeholders attended from a number of organisations including:

• Children and Young People’s Centre for Justice (CYCJ)
• Police Scotland
• Social Work Scotland
• Representatives from a number of local authority Social Work departments (East Lothian, North and South Lanarkshire, Fife, North and South Ayrshire, Falkirk, Highland, Orkney, Aberdeenshire, Dumiries and Gallaway, Angus, East Dunbartonshire and Inverclyde)
• Scottish Children's Reporter Administration (SCRA)
• Convention of Scottish Local Authorities (COSLA)
• Scottish Government
• Child Interview Rights Practitioners (ChIRPs)
• Children's Hearings Scotland (CHS)
• Scottish Legal Aid Board (SLAB)
• Crown Office and Procurator Fiscal Service
• Scottish Courts and Tribunals Service
• Victim Support Scotland
• Action for Children

Summary of the Programme

The programme consisted of round table discussions on reflections from year two of commencement, 2022 – 2023. There were keynote speaker contributions from:

• Caroline Conway, Independent Reviewer, who spoke about the role of the Independent Reviewer under ACR legislation.
• Iain Corbett, Children and Young People’s Centre for Justice (CYCJ) presented a video from a group of young people he had co-ordinated to gather their views and voices about ACR.
• Lesley McAra and Susan McVie from Edinburgh Law School presented on the Scottish Experience of ACR from the Edinburgh Study of Youth Transitions and Crime.
• Stuart Allardyce, Director of Stop It Now, spoke about harmful sexual behaviour across the UK.
• Neill Mitchell, Scottish Children’s Reporter Administration (SCRA) and chair of the Operational Implications Subgroup, spoke about the operational implications of raising the ACR to a higher age.
• Fiona Dyer, Director of Children and Young People’s Centre for Justice (CYCJ) and chair of the Data and Research Subgroup presented on the exisiting data and research.
• Fiona Steel, Director of Action for Children and chair of the Community Confidence subgroup spoke about the work of the group on public perceptions of ACR.
• Carol Eden, Victim Support Scotland and chair of the Victim Support Subgroup, presented on the support mechanisms for victims in relation to ACR.
• Tom McNamara, Youth Justice and Children’s Hearing Unit Head, Scottish Government, presented on the role of the Child Interview Rights Practitioner (ChIRP).

Year 2 Reflections & Lessons Learned

The Scottish Government has continued to work with a wide range of stakeholders throughout implementation, commencement and within the current three-year review period. Extensive research and collaborative working has been carried out through the Advisory Group and the four supporting subgroups to get ready to submit a final report to Scottish Ministers - making them aware of findings, and the implications of any future age of criminal responsibility.

The number of incidents which have required the use of the powers within the Act has been low since its full commencement in December 2021. The limited data means that certain aspects of the Act do remain untested. To address this, significant efforts are underway to evaluate the legislation's operational impact and to understand the decision-making process.