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Whilst the decision of the Scottish government to increase the age of criminal responsibility is welcome, and indeed a long overdue reform, an opportunity for radical and just reform has been missed.
The current age of eight was obviously too low but to increase it to twelve still leaves Scotland in the rank of countries at the lower end of the age spectrum. The change will place Scotland on a par with Ireland and ahead of the United Kingdom but Justice Minister, Kenny MacAskill, was almost on the defensive when he qualified news of the reform with the comment:
"This change does not mean that any 8-11-year-olds will be let off. Rather they will be held to account in a way appropriate for their stage of development and ensures that we balance their needs with the need to protect our communities."
The Scottish government frequently likes to draw parallels with Scandinavia and it is unfortunate that in this instance the example of the Scandinavia countries was not followed. In Norway and Iceland 15 is the age of criminal responsibility.
It would be churlish not to applaud the Scottish government and Minister MacAskill's introduction of this necessary reform. However, a more general application throughout the Celtic countries of an accepted United Nations benchmark on juvenile justice is long overdue.
The Beijing Rules for the administration of juvenile justice, adopted by the General Assembly in 1985, specifies that the lower age of criminal responsibility "shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity". It goes on to argue that countries should "consider whether a child can live up to the moral and psychological components of criminal responsibility" and notes that if the age of criminal responsibility is set too low "the notion of responsibility would become meaningless". On this basis the minimum age of criminal responsibility in the UK, Ireland would be 16. Probably it should be 18.
One Celtic country is already covered by a more socially equitable benchmark. Brittany, whose justice system is of course fixed by the French State, has an age of responsibility set at 17.
In November 2000 the Celtic League criticised the Isle of Man government for its moves to amend the so called 'doli incapax' rule in line with changes made in the UK. See:
J B Moffatt Director of Information Celtic League
More information on country benchmarks here:
Information on 'doli incapax' here:
Statement from Scottish government here:
01/03/09
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