Age of criminal responsibility
The age of criminal responsibility in Scotland is 12. Children under 12 cannot be charged with a criminal offence or arrested.
This was raised from age 8 by the Age of Criminal Responsibility (Scotland) Act 2019, which was fully commenced in 2021.
Review of the age of criminal responsibility
Scottish Ministers, with support from an advisory group, reviewed whether the age of criminal responsibility should be raised further. The review report was published on the Scottish Parliament’s website in December 2025.
Ministers will continue to gather information and address any concerns to make sure the Act is working as intended. This includes looking at whether there have been any unintended consequences, particularly where some powers have seen little or no use. Ministers will also work with key organisations on raising the age of criminal responsibility over time and consider changes to the law where needed.
Supporting children under 12
When a child under 12 causes harm, they are supported through welfare-based approaches rather than the criminal justice system.
The police can still investigate and have powers to protect the public, but the focus is on understanding what's happening in a child's life and getting them the right help.
An animation explains why the age was raised and how the approach works.
Information for social work and Police on how processes and practices should operate to promote children's well-being are available on the Social Work Scotland website.
Statutory guidance
The Act places a duty on the Scottish Ministers to provide statutory guidance.
- use of a place of safety (section 28) and a list of places of safety
- investigative interview (section 57)
Child interview rights practitioners
Child interview rights practitioners (ChIRPs) provide advice and support to children during investigative interviews. The Code of Practice sets out national standards for ChIRPs, and a question and answer guide covers practical and procedural matters.
Place of safety: annual reports
Under the Age of Criminal Responsibility (Scotland) Act 2019, police can take a child under 12 to a place of safety if their behaviour is causing, or is likely to cause, serious harm to another person. This is known as the section 28 power.
Scottish Ministers report annually to Parliament on how this power has been used:
- Report on use of section 28 powers for 2024 to 2025
- Report on use of section 28 powers for 2023 to 2024
- Report on use of section 28 powers for 2022 to 2023
- Report on use of section 28 powers for 2021 to 2022
Contact
Email: ACRChIRPs@gov.scot