Report Summary
A Public Briefing explaining the issues surrounding children in custody, and the assurances for the public. This Briefing provides details about the circumstances that may lead to a child being brought into police custody as well as the additional safeguards that exist for a child in custody. Published in April 2023.
Definition of a child
In Scotland there are different definitions of a child depending on the legislation. The generally accepted definition of a child in Scotland is anyone who has not yet turned 18 . This definition is also used by the United Nations Convention on the Rights of the Child (UNCRC).
In 2021, Scotland raised the age of criminal responsibility from 8 to 12 years of age. This means that children under the age of 12 can no longer be charged or arrested.
The Criminal Justice (Scotland) Act also includes different provisions for those under the age of 16 and those aged 16 and 17 years of age and subject to a compulsory supervision order (CSO). Whilst 16 and 17 year olds who are not subject to a CSO are not considered to be children under the Act, the information and statistics presented in this Briefing Note include all persons under 18.
