Commentary on Provisions
Part 2 – criminal justice and procedure
Prosecution of children
Section 14 – prosecution of children over age of criminal responsibility
64.Section 42 of the 1995 Act currently provides that children aged 12(45) to 15 who commit an offence may be prosecuted only if the Lord Advocate authorises the prosecution. Children aged 16 or over can be prosecuted without this extra step, although a child of this age who offends while already subject to a compulsory supervision order may be referred back to a children’s hearing.(46)
65.Section 14 amends section 42 so that all children over the age of criminal responsibility (all those aged 12 or over but under 18) may be prosecuted only if the Lord Advocate authorises this.
12 years old being the age of criminal responsibility by virtue of section 41 of the 1995 Act.
See section 49 of the 1995 Act, which is amended by section 17 of the Act. See paragraphs 75 to 85 of these Notes.
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