Question reference: S6W-11507
- Date lodged: 11 October 2022
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Current status: Answered by Clare Haughey on 7 November 2022
Question
To ask the Scottish Government, in light of its reported commitment to end the detention of under-18s in Young Offenders Institutions, whether it intends to raise the age of criminal responsibility.
Answer
The Age of Criminal Responsibility (Scotland) Act 2019 fully commenced on 17 December 2021. Section 78 of the Act requires the Scottish Ministers to review the operation of the Act.
The Scottish Ministers must review the operation of the Act in general, and with a view to considering the future age of criminal responsibility. The review period (of 3 years) began on the day on which section 1 came into force (ie on 17 December 2021). The Scottish Ministers are required to prepare a report on the review, publish and lay it before the Scottish Parliament no later than 12 months after the end of the review period.
An Advisory Group comprising a range of different stakeholders has been established to support Ministers with the review.