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Professor Norrie's Commentaries on Family Law$
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Kenneth Norrie

Print publication date: 2011

Print ISBN-13: 9781845861193

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861193.001.0001

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July 2010

July 2010

Criminalising Children

(p.237) Commentary No 45: July 2010
Professor Norrie's Commentaries on Family Law

Kenneth McK Norrie

Edinburgh University Press

The age of criminal liability in Scotland remains 8, though in 2010 the age of prosecution was raised to 12. Children between 8 and 12 can only be brought before a children's hearing. But whether through prosecution or referral to a hearing, a child accused of a criminal offence will acquire a criminal record. The Scottish Parliament attempted to ameliorate this position somewhat in the Children's Hearings (Scotland) Act 2011, but this commentary suggests that the Parliament did not go far enough, and it makes suggestions for change.

Keywords:   Child offenders, Rehabilitation of Offenders Act 1974, Children's hearings, Age of criminal prosecution, Criminal Justice and Licensing (Scotland) Act 2010, Disclosure Scotland

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