Age of Criminal Responsibility: learning event report 2025

Section 2: Summary of table discussions throughout the day

The table discussions focussed on the presentations and the findings from each of the four subgroups.

A summary of the key points raised during the table discussions is captured below:

Operational Implications

The questions for discussion relating to Operational Implications were:

• In your area, what has been the experience of responding to the conduct of children under 12 that falls below the threshold of police powers?
• If the ACR is increased to 14, what do you think are the implications for responding to the conduct of children under 14 that falls below that threshold?

Key points from table discussions

There have been particular challenges for front line professionals, especially around clear and credible messaging and how to manage public expectations of ACR reform and its implications.

It was identified that if there were to be an increase to the ACR this will present a higher number of incidents and early and effective intervention referrals. Not all 32 local authorities across Scotland use early and effective intervention referrals for children under the age of 12 years old, so any increase to the age may present significant risks and resource implications for other agencies.

The Scottish Child Interview Model (SCIM) is used for joint investigative interviews by Police Scotland and Social Work Scotland. It was discussed that if the age of criminal responsibility in Scotland is raised beyond 12 that SCIM could be a possible route for responding to those who fall below the new ACR threshold.

Community Confidence

The question for discussion relating to community confidence was:

• How can we work together in building community confidence, and or what has worked for you in building better community confidence?

Key points from table discussions

Community confidence and public perception are significant factors to consider when assessing if, when and to what age point to further raise the age of criminal responsibility.

Fostering a sense of cohesive, caring communities and highlighting the societal advantages of not criminalising children would help to reduce the stigma surrounding ACR issues, thereby enhancing community confidence.

Resources and funding are essential to gaining community confidence. Secured funding and resources would allow for more meaningful engagement with communities across local authorities in Scotland. Sourcing more funding could allow for the following resources and practices; having visible youth work in the communities for children and young people to participate in, creating animations and roadshows to provide clearer and more precise understanding of what ACR and youth justice means for communities and social media advertising and support.

Education settings provide opportunities to build an understanding of ACR and enhance community confidence with children and young people as well as their families.

Data and Research

The question for discussion relating to data and research was:

• From what you have heard, are there any gaps in the data and research that you believe requires future work?

Key points from table discussions

In some cases, there are ACR Inter-agency Referral Discussions (IRDs) that take place to consider if the incident meets the ACR threshold. It was discussed that there could be helpful learning on the rationale of the decisions made. This would be particularly helpful if the age increases, as this would likely mean an increase in incidents that may reach the ACR threshold.

There is a gap in the overall learning and understanding of all the processes involved under the legislation. This includes children and families’ involvement and skills required to support an investigative interview. Gaining an understanding from children and their families of their experience during interviews would be beneficial to gather.

To support and sustain any practice changes, there needs to be a clear outline of the resource implications, including identifying the cost and funding required for services who have responsibility under the Act.

An issue has been identified regarding post-18 risk management and how to support and develop interventions for this group of young people. There is a need for a strong system to ensure their safety and support. It is also important to understand the logistical timelines for implementing interventions through the children’s hearing system.

The engagement and interviews which took place with other countries on ACR provided some helpful insights to what other countries ACR looks like. It was discussed that it would be helpful to keep learning from them and their issues/resolutions as we move forward.

Victim Support

The question for discussion relating to victim support was:

• How can agencies ensure that people harmed access the support and information they require, ensuring support generally no matter the route taken for the child causing harm?

Key points from table discussions

There needs to be improvement across Scotland for support to victims particularly in relation to accessing and sharing of information. It is critical that victims feel heard and supported with contingencies put in place providing them with reassurance to next steps and available support.

Education settings could provide safety planning in schools and further clarity around the role of teachers and support staff when providing support to victims.

Funding and adequate resources is required to be able to provide high quality support services for victims would be required for any increase to the age of criminal responsibility.

ACR Case Study

Carolann Anderson from CELCIS presented a Case Study created as part of the Data and Research Subgroup’s work to showcase the journey of a child who has been involved with harmful behaviour and where ACR legislation applies.

The Case Study was developed by CELCIS, Social Work Scotland, Scottish Government and SCRA colleagues. At the event, Carolann presented on the background and development of the case study and proposed questions to the group to influence next steps and amendments that would be required to ensure the case study is of best use.

The questions for discussion were:

• What information and support is/or should be available to the victim?
• What should the outcomes be for the older children involved?
• What additional support should Josh receive?

Key points from table discussion

Much of the feedback from discussions was around community-based support, the role of education services and existing support and their functions.

Points were also raised on the concerns for the victim and the support that they may receive and service involvement. It is critical to ensure victims voices are heard and that any relevant information is available as well as ensuring safety plans are established in school and/or other settings.

In relation to supporting the child who has caused harmful behaviour and the victim, it is important to ensure that they both receive a significant level of support and that agencies’ respective roles and interventions are explained and considered i.e. social work interventions, risk management assessments, access to education and therapeutic support and child protection services.

Based on the feedback from the discussions a small working group will further develop the case study to incorporate the suggested changes. The Data and Research Subgroup will oversee this work.

Factors to consider for an increase to ACR.

Use of the powers within the Act

Since commencement of the Act in December 2021, there has been limited use of the powers responding to harmful behaviour by a child under 12 years of age. The limited use of powers means there has been limited experience and learning for key partners and that if there is to be an increase to the ACR, operational readiness would remain a challenge as the systems have not been fully tested to understand if these would work for an increased age.

During discussions, it was noted that it would be useful for agencies to share learning from Inter-agency Referral Discussions (IRDs) from partners particularly relating to the decision-making process on the incident not meeting the ACR threshold and what other interventions were put in place.

Training and Resources

One of the main challenges remains around training and resources for key partners and front-line staff. If there is to be any future change to the ACR, it was noted that there would need to be adequate training in place for front-line staff and that there are high quality resources available and accessible to provide structure and reassurance when responding to harmful behaviour, especially if the number of children requiring this type of support increases.

Concerns were raised around the recruitment and retention for Social Work professionals and what this would mean for an increase in the ACR. The demand for children’s social work services will only increase should the age increase and there are concerns around how this will be managed across the country to ensure consistency.

Joint investigative interview training took place for both Social Work and Police Scotland in 2024. It was noted that this training was extremely beneficial and should be explored again in the future should there be any changes to the legislation for staff in these roles.

Next Steps

The contents of this report will be published on the ACR Advisory Group webpage in the same way as previous years. The findings in this report will be submitted to Scottish Ministers to note as part of the package to consider any future age of criminal responsibility in Scotland.

It is essential that adequate time is used to consider the findings of the review, to establish whether the Act, along with the processes and practices developed, is working as intended.

The review provided a chance to pause, reflect, and assess how well the current legislation is working in practice. It also enabled us to begin assessing what would be needed by way of systems, structural, resource and practice change to support any future age of criminal responsibility.

Scottish Ministers are now taking the necessary time to carefully examine the review findings. Ministers will discuss the matters relating to ACR with Cabinet colleagues and will report to the Scottish Parliament by December 2025.