Kilbrandon Again report calls for ‘more radical’ changes to youth justice

Kilbrandon Again report calls for 'more radical' changes to youth justice

A report has called on ministers to increase the age of criminal responsibility in Scotland to 16 and to establish a youth justice system for offenders up to the age of 21.

Commissioned by the charity Action for Children as well as Bruce Adamson, the children and young people’s commissioner, the Kilbrandon Again report was published in the wake of the death of William Lindsay, 16, who committed suicide in Polmont Young Offenders Institution two days after he was sent there on remand.

The report was also critical of the period of time for which people who committed offences in childhood must disclose them. In some cases, this can mean disclosure is obligatory until the age of 40.

Former bishop of Edinburgh, Richard Holloway, chaired the study which took place more than 50 years after the 1964 Kilbrandon report, which led to the creation of the Children’s Hearing System.

He called on the Scottish government, which is planning to introduce legislation to raise the age of criminal responsibility from eight to 12, to “be more radical”.

He said: “The age of criminal responsibility in Scotland has been a matter of concern for a considerable period of time.

“We have a system envied around the world through taking a progressive, welfare-based approach towards children at risk or in trouble with a strong focus on prevention and early intervention.

“However, the criminalising of eight to 11-year-olds has always been inconsistent with this approach.

“While we welcome the proposal to raise the age of criminal responsibility to 12, we do believe we can be more radical and increase the age of criminal responsibility in Scotland to 16.”

Mr Adamson said: “This report rightly recognises the devastating impact of poverty and inequality on every aspect of children’s lives, including their attainment, mental and physical health and risk of being drawn into conflict with the law.

“It is clear that that treating vulnerable children as criminals stigmatises them and can have a life-long impact, including on education and future employment.”

A Scottish government spokeswoman added: “Raising the age of criminal responsibility to 12 is the right reform for Scotland at this time, and will mean that we are leading the way in the UK, ensuring no child under 12 will be treated as a criminal or accrue a criminal record

“We know there is more to do to improve outcomes for children and young people who need care and support. And it is right that we keep all parts of that system under review, including children’s hearings.

“We will consider this report’s findings alongside the wider, independent care review that is underway.”

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