Children under 12 'cannot be criminals'

The age of criminal responsibility in Scotland is set to be increased from eight-years of age to 12.

The move - expected to be detailed by Children's Minister Sam Galbraith on Friday - is designed to head off the possibility of court charges under human rights law.

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

Sam Galbraith will outline the proposed changes

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

Executive Ministers plan to change the situation in Scotland as part of a comprehensive shake-up of youth justice.

But the proposals have already been criticised by police and Tory politicians as evidence of the executive "going soft" on child criminals.

The police superintendents association is warning against the move saying enough safeguards are already in place.

However, ministers will promise an investment of several million pounds in programmes to address youngsters offending behaviour.

The executive hopes that raising the age of criminal responsibility will bring the Scottish justice system into line with other countries.

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

The announcement, by Children and Education Minister Sam Galbraith, on Friday is also expected to include a pilot project to take 16 and 17 year olds out of the adult court system.