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This information applies to Scotland
Crime, courts and sentences
Criminal responsibility and the courts
In Scotland the age of criminal responsibility is 8 years.
Although a child under 8 is not considered to be capable of a criminal offence they may be referred to a social worker and ultimately a children’s hearing if they are behaving in such a way that they may be vulnerable or at risk.
If you are aged between 8 and 16 and you commit a criminal offence you are most likely to be referred to the Children’s Reporter who will decide whether or not there are grounds for concern.
If you are aged between 16 and 18 and you commit a criminal offence you will be dealt with by the children’s hearing system or the courts.
If you or your child is faced with criminal proceedings, you should consult an experienced adviser for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Police
The police have the same right to question you as a child or young person as they do adults. If you are under 16 and you are detained by the police, they should inform your parents or someone with parental rights about the detention. The adults concerned may be allowed to see you, but do not have a right to do so. If you or your parents think that the police have not followed the proper procedures when questioning, detaining or warning you, you can make a complaint.
For more information, see Complaints against the police.
Sentences
Courts cannot impose a custodial sentence on anyone under the age of 8. Young offenders aged between 8 and 15 will usually be detained in secure accommodation. Offenders who are aged between 16 and 21 can be sentenced to detention in a young offenders institution. A young person may be temporarily detained in an adult prison if suitable secure accommodation or a place in a young offenders institution is not available.
A children’s hearing can make a supervision requirement which means that you as a young person may have to live away from home either with foster parents, in a care home or sometimes in secure accommodation. You may be able to stay at home but under the supervision of a social worker who will visit your home regularly.
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Jury service
No-one under 18 can serve on a jury.
For more information, see Jury service.
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Legal aid
Civil legal aid is available to assist with the costs of court proceedings and legal advice and assistance is available to assist with the costs of seeking advice from a solicitor. If you as a child or young person have sufficient understanding you can apply for legal aid or advice and assistance. It is generally assumed that if you are 12 or over you have sufficient understanding. You are assessed for legal aid or advice and assistance on the basis of your own resources, so you will usually qualify.
For more information, see Help with legal costs.
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Legal representation
As a young person you may want to appoint a legal representative, for example, a solicitor, to either start or defend legal proceedings.
If you are over 16 you can choose legal representation without parental involvement.
If you are under 16 you can choose legal representation as long as you are capable of understanding what you are doing. It will generally be thought that you have sufficient understanding when you reach the age of 12.
As a young person you can be represented in a range of situations, for example, adoption hearings, a children’s hearing or in a court. It is important in all situations where you are represented that you are able to give your own views. The court has a duty to consider the views of children if they wish to express them.
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Negligence
Everyone has a general duty to act with reasonable care. Failure to do so is called negligence. If you are under 18 you are liable for your own negligence and can be sued but your age would be taken into account when deciding whether or not the behaviour was negligent. A parent has a duty to take reasonable care to see that their child does not cause harm to others.
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Witnesses
If you are under 18 you can be expected to give evidence as a witness in both a civil or criminal court. It is up to the court to decide if you have sufficient understanding to give evidence. If you are under 16 you may be classed as a 'vulnerable witness' and be able to give your evidence behind a screen, using CCTV or by other special arrangements that mean you don't have to attend the court hearing. These are called 'special measures'.
If you are a witness in a child abuse case, special arrangements can be made to protect you.
There are some useful leaflets about being a witness for children and young people at www.witnessesinscotland.com.
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Further Help
Scottish Child Law Centre
54 East Crosscauseway
Edinburgh
EH8 9HD
Tel: 0131 667 6333
Fax: 0131 662 1713
LEXTXT: text 'SCLC' then your question to 80800
Freephone: 0800 328 8970 (for under 18's)
Website: www.sclc.org.uk
The Scottish Child Law Centre offers free advice on a wide range of issues by letter, phone, text and e-mail. You can get a reply to a question by text free on your mobile phone using LEXTXT. You can also get free information brochures on paper, sent to you free of charge.
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Further help for young people
You can find more information about the rights of children and young people elsewhere in adviceguide.
For more information about the general rights of children and young people, see Young people's rights.
For information about employment see Young people and employment.
For information about family matters, see Young people and family.
For information about money and consumer rights, see Young people - money and consumer rights.
For information about benefits, see Young people and benefits.
For information about health, see Young people - health and personal.
For information about transport, see Young people - travel and transport.
For information about housing, see Young people and housing.
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