Call to keep under-18s out of custody

The age of criminal responsibilty is to be increased

An influential group of offenders' organisations is pressing for the age of criminal responsibility to be increased to 18 in Scotland.

The country currently has the lowest age limit in Europe.

The Scottish Executive has already announced plans to raise it from eight to 12 years of age.

But the group, which includes community safety charity Sacro and the Howard League for penal reform, wants to see it increased further to stop 16 and 17-year-olds being locked up.

The chidren's hearings can keep tabs on them and require that they go on programmes

Susan Matheson, Sacro

However, the controversial call has been dismissed by Conservative justice spokesman Phil Gallie, who said society had to be protected.

Last year the Scottish Executive unveiled its proposal to increase the age of criminal responsibility from eight to 12.

It was part of a package of youth crime proposals which also included a pilot project to take 16 and 17-year-olds out of the adult court system and get them to confront their crimes.

However, the consortium wants the executive to go even further and raise the level to 18.

Consortium member Susan Matheson, the chief executive of Sacro, said there was a "great deal of logic" in suggesting that age.

Under supervision

"The United Nations' Convention on the Rights of the Child says that you are a child under the age of 18," she told BBC Scotland's Newsnight programme.

"It would also bring us more into line with other countries in Europe."

She added that the chidren's hearing system could already deal with people up to that age, keeping them under supervision and reviewing their behaviour.

"The courts may sentence them to a brief sentence in custody or a fine, and that's the end of it," she said.

"The chidren's hearings can keep tabs on them and require that they go on programmes."

MSP Phil Gallie has opposed the idea

Campaigners believe that locking up young people almost guarantees they will commit further crimes, as they say 80% go on to re-offend.

Dr David Colvin, the vice chairman of the Scottish Consortium on Crime and Criminal Justice, said community programmes were more effective than residential care or prison.

The consortium's proposals would mean that 16 and 17-year-olds were not suddenly thrown into adult courts.

It is argued that more teenagers could be guided away from a life of crime - as long as the system is given the resources to cope.

Offenders aged under 16 are dealt with by childrens hearings, a system where the emphasis is on welfare and diverting them from crime.

'Hard line offenders'

Campaigners also insist that those under 18 would not get off without some repercussions.

However, Mr Gallie opposed increasing the age of consent to 18.

"Most of these youngsters have been hard line offenders for many years," he said.

"They have been through the panel system, between 16 and 18 perhaps their crimes become more vicious.

"We have got to remember that as well as looking after the interests of these youngsters, we have got to look after the interests of society as a whole."