Equalities, Human Rights and Civil Justice Committee
Statutory guidance relating to police powers in the Age of Criminal Responsibility Scotland Act 2019
Letter from the Minister for Children and Young People, 2 September 2021
Dear Joe
I am pleased to inform you that the Scottish Government has today published two pieces of statutory guidance relating to police powers in the Age of Criminal Responsibility (Scotland) Act 2019.
As you know, the policy intention of the Age of Criminal Responsibility (Scotland) Act 2019 (“the Act”) is to protect children from the harmful effects of early criminalisation, while ensuring that the child and their family receive the right support. There are safeguards in the Act to ensure that when a child under 12 causes serious harm to others, agencies can act quickly and appropriately to protect the public.
Part 4 of the Act relates to Police Investigatory and Other Powers and sets out measures that enable action to be taken when children under the age of 12 are involved in serious incidents. This includes the power to take a child under the age of 12 to a place of safety when their behaviour is causing, or is likely to cause, significant harm to another person, and specific power for the questioning of children under the age of 12 to enable the police to investigate incidents of serious harm when the child cannot be held criminally responsible for an incident.
The Act requires Scottish Ministers to issue guidance to Police Scotland and local authorities in relation to both of these powers. The guidance has been developed in partnership with key stakeholders, and can be found on the Scottish Government website:
Statutory Guidance on Investigative Interviews
Statutory Guidance on the use of a Place of Safety
Publication of the guidance will help support operational planning at a local level, and is a key part of this government’s commitment to implement the Act as quickly and as safely as possible.
I hope that the Committee finds this information useful, and I will provide you with further information about implementation soon.
Yours sincerely
Clare Haughey