Children involved in sexual exploitation and prostitution-related offences: FOI release
Information request and response under the Freedom of Information (Scotland) Act 2002
Information requested
1. Any Scottish Government policy documents, guidance, circulars, or frameworks (current or historic) that addressed how children (persons under 18) involved in prostitution or sexual exploitation should be treated by public authorities.
2. When Scottish Government policy formally moved to recognise that children involved in sexual xploitation should be treated exclusively as victims rather than offenders, including the approximate dates of this shift.
3. The titles and dates of any guidance issued to:
a) Police forces in Scotland,
b) COPFS, and/or
c) local authorities
concerning the non-criminalisation of children involved in sexual exploitation.
4. Any policy papers, consultation documents, or internal reviews that informed or supported this policy change.
5. Any current Scottish Government guidance confirming that children involved in sexual exploitation should not be criminalised or charged with prostitution-related offences.
Response
We have carried out searches for information held by the Scottish Government within scope of your request. We have identified information relevant to your request in the documents listed (with weblinks) which are also attached for reference.
We have addressed each part of your request in turn.
1. Any Scottish Government policy documents, guidance, circulars, or frameworks (current or historic) that addressed how children (persons under 18) involved in prostitution or sexual exploitation should be treated by public authorities.
The Scottish Government holds several documents that set out how public authorities should respond where children are involved in sexual exploitation (including circumstances historically described as prostitution.
Requires automatic child protection action where a young person is suspected of involvement in pornography or prostitution.
Defines child sexual exploitation and trafficking as forms of child sexual abuse and requires a full child protection response for all under-18’s.
States that “a child victim of human trafficking or exploitation is a victim of child abuse” and should be protected through child protection procedures.
Reaffirms that exploitation/trafficking of children is child abuse and must be addressed within child protection frameworks.
Requires all under-18 potential victims to be treated as victims and managed via child protection processes.
Section 12 requires that where there is uncertainty about a person’s age, relevant authorities must treat the person as a child for relevant functions until age is assessed or otherwise determined.
2. When Scottish Government policy formally moved to recognise that children involved in sexual exploitation should be treated exclusively as victims rather than offenders, including the approximate dates of this shift.
Information we hold indicates that a victim-centred child protection approach has been embedded in Scottish Government policy from at least 2010 and has since been reinforced through legislation and national strategies.
- 2010 - National Guidance – Under-age Sexual Activity required automatic child protection procedures where a young person was suspected of involvement in prostitution or pornography, framing this as a child protection issue rather than offending behaviour.
- 2015-16 - Human Trafficking and Exploitation (Scotland) Act 2015 placed a statutory duty on the Lord Advocate to issue Instructions establishing a presumption against prosecuting victims, including children, where individuals appear to be victims of trafficking/exploitation (section 8) and requiring authorities to safeguard individuals as children where age is uncertain.
- 2017 - Trafficking and Exploitation Strategy: explicitly states that children who offend in the course of exploitation are subject to a strong presumption against prosecution.
- 2021 (updated 2023) - National Child Protection Guidance treats sexual exploitation as child sexual abuse, and applies child protection responses to all under-18’s
- 2025 – The updated Trafficking and Exploitation Strategy reinforces the principles and references the Lord Advocate’s Instructions on non-prosecution of victims.
3. The titles and dates of any guidance issued to: Police forces in Scotland, COPFS,and/or local authorities concerning the non-criminalisation of children involved in sexual exploitation.
Police Scotland and local authorities
Police and local authority practice is guided by:
- Under-age Sexual Activity Guidance (2010)
- National Guidance for Child Protection in Scotland 2021 (updated 2023)
- NRM Toolkit for First Responders in Scotland (2021)
- Trafficking and Exploitation Strategy (2017)
- Scotland’s Trafficking and Exploitation Strategy (2025)
In addition, the Human Trafficking and Exploitation (Scotland) Act 2015, section 12 is relevant operationally where age is uncertain. Relevant authorities must treat the person as a child until age is determined.
Crown Office and Procurator Fiscal Service (COPFS)
The Scottish Government does not issue prosecution guidance to COPFS. The Lord Advocate is independent of government, as noted in the 2017 Strategy.
However, the Scottish Government holds and publishes legislation – principally the Human Trafficking and Exploitation (Scotland) Act 2015 – which requires the Lord Advocate to issue Instructions establishing a strong presumption against prosecution for victims of trafficking/exploitation, including children (section 8).
Scottish Government strategies (2017 and 2025) describe the operation of these instructions within a child protection centred framework but do not direct or set COPFS prosecution policy.
4. Any policy papers, consultation documents, or internal reviews that informed or supported this policy change.
The following published materials held by the Scottish Government informed the development of the victim centred approach:
- Trafficking and Exploitation Strategy (2017) – developed with input from victims and partners through structured consultation.
- Scotland’s Trafficking and Exploitation Strategy (2025) – based on the 2023 review and on evidence reviews. The strategy development involved extensive stakeholder and survivor engagement.
- National Child Protection Guidance 2021 (updated 2023) – updated based on practitioner feedback, policy changes, and learning from implementation.
5. Any current Scottish Government guidance confirming that children involved in sexual exploitation should not be criminalised or charged with prostitution-related offences.
The Scottish Government guidance held and attached makes clear that:
- Child sexual exploitation is a form of child sexual abuse and requires a child protection response (National Child Protection Guidance 2021/2023)
- There is a strong presumption against prosecution for children whose offending occurred as result of exploitation (Trafficking and Exploitation Strategy 2017 and Lord Advocate’s Instructions under the 2015 Act)
- Under-18’s must be treated as victims and referred through child protection procedures (NRM Toolkit 2021)
- The 2025 Strategy reaffirms that trafficking/exploitation of children is child abuse and sits firmly within child protection systems.
- Under section 12 of the 2015 Act, where age is uncertain, individuals must be treated as children by relevant authorities until age is determined, not treated as adult offenders.
About FOI
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Contact
Please quote the FOI reference
Central Correspondence Unit
Email: contactus@gov.scot
Phone: 0300 244 4000
The Scottish Government
St Andrew's House
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Edinburgh
EH1 3DG