Written Question · S4W-28068 · Session 4
What issues relating to (a) disclosure of criminal records, (b) forensic samples, (c) police investigatory powers, (d) victims and communit…
The question
To ask the Scottish Government what issues relating to (a) disclosure of criminal records, (b) forensic samples, (c) police investigatory powers, (d) victims and community confidence, (e) the role of the children’s hearings system and (f) UN Convention on the Rights of the Child compliance it has identified in relation to changing the age of criminal responsibility, in light of the Cabinet Secretary for Justice's evidence to the Justice Committee on 8 September 2015 (Official Report, c.27).
The answer
An advisory group will start work in November 2015 to address the issues involved in raising the minimum age of criminal responsibility, and to provide recommendations for public consultation in early 2016.
The Scottish Government wishes to promote an age and stage appropriate approach to harmful behaviour by children. If there is to be a change to the minimum age of criminal responsibility, we will still need an effective and evidence-based response to that behaviour, to its causes and to its impacts on people harmed.
We wish to ensure that safe processes are in place to respond effectively to the concerns posed by the small number of the most serious cases such as where a child under 12 is involved in a serious sexual or serious violent behaviours.
Those processes both relate to action immediately after an incident to deal with the needs and deeds of the ‘offending’ child and the wider obligation to ensure appropriate levels of protection of the public.
Points (a) to (f) are interrelated and will be taken into account during the advisory group’s deliberations.
The specific issues to be considered include:
Police Scotland continuing to be able to thoroughly investigate allegations of all behaviour of that nature, to get to the truth of the matter, and to refer their concerns to the responsible agencies.
Police Scotland continuing to be able to retain the data imperative to their operational and intelligence requirements with a transparent, rights-compliant approach to the review and destruction of that material.
A review, retention and destruction mechanism for forensic samples that is sensitive to the age and other characteristics of the ‘offending’ child at the time of the incident and their progress through adolescence, as well as ensuring a focus on the police’s ability to prevent and detect future crime.
Where the behaviour is so serious and the ongoing risks remain so acute that it may need to be disclosed to prospective future employers when an ‘offending’ child becomes an adult, especially where an employment role concerns vulnerable groups, there needs to be a rational, rights and risk-led approach to the extent and purposes of future disclosure.
Victims currently receive information from the children’s reporter, through the Victim Information Service, about a child who has committed an offence against them. This information would not be available to victims should the child be referred on welfare grounds.
All of these issues will be considered in the context of the UN Convention on the Rights of the Child, with a balance to be struck between the rights of the ‘offending’ child and the rights of persons who have been, or who may yet be, harmed.
The membership of the advisory group and the scope of its work will ensure that all these key issues are covered.
The Scottish Government wishes to promote an age and stage appropriate approach to harmful behaviour by children. If there is to be a change to the minimum age of criminal responsibility, we will still need an effective and evidence-based response to that behaviour, to its causes and to its impacts on people harmed.
We wish to ensure that safe processes are in place to respond effectively to the concerns posed by the small number of the most serious cases such as where a child under 12 is involved in a serious sexual or serious violent behaviours.
Those processes both relate to action immediately after an incident to deal with the needs and deeds of the ‘offending’ child and the wider obligation to ensure appropriate levels of protection of the public.
Points (a) to (f) are interrelated and will be taken into account during the advisory group’s deliberations.
The specific issues to be considered include:
Police Scotland continuing to be able to thoroughly investigate allegations of all behaviour of that nature, to get to the truth of the matter, and to refer their concerns to the responsible agencies.
Police Scotland continuing to be able to retain the data imperative to their operational and intelligence requirements with a transparent, rights-compliant approach to the review and destruction of that material.
A review, retention and destruction mechanism for forensic samples that is sensitive to the age and other characteristics of the ‘offending’ child at the time of the incident and their progress through adolescence, as well as ensuring a focus on the police’s ability to prevent and detect future crime.
Where the behaviour is so serious and the ongoing risks remain so acute that it may need to be disclosed to prospective future employers when an ‘offending’ child becomes an adult, especially where an employment role concerns vulnerable groups, there needs to be a rational, rights and risk-led approach to the extent and purposes of future disclosure.
Victims currently receive information from the children’s reporter, through the Victim Information Service, about a child who has committed an offence against them. This information would not be available to victims should the child be referred on welfare grounds.
All of these issues will be considered in the context of the UN Convention on the Rights of the Child, with a balance to be struck between the rights of the ‘offending’ child and the rights of persons who have been, or who may yet be, harmed.
The membership of the advisory group and the scope of its work will ensure that all these key issues are covered.
In the Official Report
No contribution in the Official Report cites S4W-28068 by reference.