Galbraith in child crime shake-up

The age of criminal responsibilty to be increased

Scotland's children's minister has defended his decision to increase the age of criminal responsibility from eight to 12.

The move, by Sam Galbraith, forms part of a package of youth crime proposals and has been designed to head off the possibility of court challenges under human rights law.

The proposals also include a pilot project to take 16 and 17-year-olds out of the adult court system and get them to "confront their crimes" and sometimes their victims in acts of reconciliation and reparation.

The issue for youth crime is we don't have enough tough disposals, tough options

Children's Minister Sam Galbraith

However, Mr Galbraith has come under attack, with Tory justice spokesman, Phil Gallie MSP, accusing the Scottish Executive of going soft on youth crime.

Mr Galbraith responded by saying he was providing "tough options" aimed at reducing reoffending.

He said: "The number of (young) people prosecuted over the age of eight under criminal proceedings is in single figures.

"The issue for youth crime is we don't have enough tough disposals, tough options available, whether they are in the children's panel system or in the criminal justice system, which is over the age of 16."

Sam Galbraith: "Youth must confront their crimes"

The new proposals include alternatives to custodial sentences.

Mr Galbraith told BBC Scotland: "One of the things you have to do, and this is the toughest part, you have to confront your crime and, where it's appropriate, confront the victim and get involved in reparation.

"That's also coupled with looking at why you got in there. Is it drugs, alcohol, family, social upsets?

"And also looking at ways of keeping you out of crime. What skills you need to get a job."

But Mr Gallie said raising the age of criminality showed the Scottish Executive was out of touch with reality on the issue.

He said: "I think children, eight to 12-year-old, when we look at the statistics...it's an area where criminality starts to a large degree.

"These are youngsters who should know the difference between right and wrong."

That proposal was also attacked by the Association of Scottish Police Superintendents, which said making some child offenders "exempt from the law" posed serious problems for officers dealing with persistent offenders.

Phil Gallie: "Youngsters should difference"

A spokesman added: "We are also concerned that unscrupulous criminals might exploit children under 12 and use them to courier drugs, break into premises and such like."

At present, children can receive a criminal conviction when they are eight, which is the second lowest age in Europe.

In Ireland, seven-year-olds can be charged with an offence but moves have begun there to change the law.

The executive said it hoped that raising the age of criminal responsibility would bring the Scottish justice system into line with other countries.

We have shown that persistent offenders can be helped to change their behaviour

Gerry O'Hara, NCH director

Ministers fear legal challenges to the European Court of Human Rights which could see the Scottish legal system branded as barbaric.

The Scottish National Party children's spokeswoman, Nicola Sturgeon, said: "We've the lowest age of criminal responsibility in Europe and we will be challenged under the European Convention on Human Rights.

"This is not about being hard and soft on crime, it's about what's effective."

Charity NCH Action for Children, which provided submissions to the executive-appointed group reviewing youth crime policies, welcomed the proposals.

Director Gerry O'Hara said: "We have shown that persistent offenders - many with scores of convictions after their names - can be helped to change their behaviour and put their criminal past behind them.

"We also know that the provision of such services is patchy across Scotland. A national strategy that seeks to offer this option throughout the country is a major step forward."