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.

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.

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.

If your parent or the person who cares for you may be sent to prison, you may be able to ask the court to consider your rights.

Jury Service
No-one under 18 can serve on a jury.