Chwilio Deddfwriaeth

Age of Criminal Responsibility (Scotland) Act 2019

Changes made by the Act

Impact on pre-existing law of change in age of criminal responsibility

37.Once Part 1 of the Act comes into force, it will no longer be possible for a person to acquire a criminal conviction on the basis of behaviour that occurred when they were aged under 12. In the future, therefore, there will not be any conviction information relating to this period in a person’s life to disclose in later life. But nothing in Part 1 of the Act impacts on the ability of the police to hold information, relating to a time when a person was aged eight to 11, which might, in the absence of any provision to the contrary, be able to be disclosed as ORI.

38.Convictions acquired prior to the change in the age of criminal responsibility in respect of behaviour that occurred when a person was aged eight to 11 are not affected by Part 1 of the Act – that is, such convictions will still exist after the Act comes into force. Some of those convictions will by now be spent, but others may not be. So, depending on the circumstances, information about such convictions might, in the absence of any provision to the contrary, sometimes fall to be disclosed. And, again, nothing in the Act affects the ability of the police to continue to hold information, acquired prior to the change in the age of criminal responsibility and relating to a time when a person was aged eight to 11, which might, in the absence of any provision to the contrary, be able to be disclosed as ORI.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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