Consultations

Howard League Scotland actively responds to relevant consultations with its views on proposed changes or reforms in the Criminal Justice system. When opportunity presents, the League has put forward written and oral evidence to the Justice Committee of the Scottish Parliament.

Commission on Women Offenders

Submission to the Scottish Parliament's Justice Committee.

Dated submitted: 18 June 2014

Written evidence provided by Howard League Scotland on the Scottish Government's implementation of the recommendations of the Commission on Women Offenders.

Redesigning the community justice system

Criminal Justice (Scotland) Bill

Brain Injury and the Criminal Justice System

Submission to the Scottish Parliament's Justice Committee.

Date submitted: August 2014

Scottish Government’s Draft Budget 2014/15

Submission for the Scottish Parliament's Justice Committee

Date submitted: 11 October 2013

Howard League Scotland's response to Justice Committee's consideration of the Scottish Government's Draft Budget 2014/15

 

 

Reform of Rehabilitation of Offenders Act 1974

Purposeful activity in prisons

Scottish Government’s Draft Budget 2015/16

Submission to the Scottish Parliament's Justice Committee.

Date submitted: 31 October 2014

Howard League Scotland response for Justice Committee's consideration of the Scottish Government's Draft Budget 2015/16.

Scottish Independence Referendum (Franchise) Bill - Prisoner Voting Rights

Prisoners (Control of Release) Bill

Submission to the Scottish Parliament's Justice Committee.

Date submitted: 16 February 2015

Written evidence from Howard League Scotland to the Justice Committee on the Scottish Government's proposed revisions to the Prisoners (Control of Release) Bill.

Prisoners (Control of Release) Bill

Submission to the Scottish Parliament's Justice Committee.

Date submitted: 20 May 2015

Written evidence from Howard League Scotland (pp.32-33) to the Justice Committee on the Scottish Government's amendments to the Prisoners (Control of Release) Bill.

Scottish Independence Referendum (Franchise) Bill - Prisoner Voting Rights (2)

Submission to the Scottish Parliament's Referendum Bill Committee.

Date submitted: 12 April 2013

Supplementary written evidence provided by Howard League Scotland on the Scottish Independence Referendum (Franchise) Bill

Scottish Elections (Reduction of Voting Age) Bill - Prisoner Voting Rights

Redesigning the community justice system (2)

Presumption against short periods of imprisonment

Minimum age of criminal responsibility

Submission to the Scottish Government.

Date submitted: June 2016

Response from Howard League Scotland to the Scottish Government's consultation on raising the minimum age of criminal responsibility.

Community Justice (Scotland) Bill

Public Services Reform (Prison Visiting Committees) (Scotland) Order 2014

Draft Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2014

Submission to the Scottish Government.

Date submitted: October 2014

Response from Howard League Scotland to the Scottish Government's consultation on the Draft Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2014.

Public Services Reform (Prison Visiting Committees) (Scotland) Order 2014 (2)

Submission to the Scottish Parliament's Justice Committee.

Date submitted: 30 January 2014

Written evidence provided by Howard League Scotland on the Public Services Reform (Prison Visiting Committees) (Scotland) Order 2014.

Support for children (impact of imprisonment)

Submission to Mary Fee MSP, Convener of the Cross Party Group for Families Affected By Imprisonment.

Date submitted: 7 May 2015

Written response provided by Howard League Scotland on support for children affected by imprisonment.

Commission on Women Offenders

Submission to the Scottish Government's Commission on Women Offenders.

Dated submitted: April 2012

Written evidence provided by Howard League Scotland to the Scottish Government's Commission on Women Offenders.

Healthcare in prisons

Submission to the Scottish Parliament's Health and Sport Commitee.

Date submitted: 28 February 2017

Written evidence provided by Howard League Scotland to the Health and Sport Committee's inquiry into healthcare in prisons.

Electronic monitoring

Submission to the Scottish Government.

Date submitted: May 2017

Response from Howard League Scotland to the Scottish Government's consultation document 'Electronic Monitoring in Scotland A Consultation on Proposals for Legislation'.

Minimum Age of Criminal Responsibility

1. The UN Committee on the Rights of the Child recommends that the age of criminal responsibility is a minimum of 12 years old, which the Bill adheres to. What are your views on the appropriate age of criminal responsibility in Scotland?

This question misrepresents the UN Committee, which in General Comment 10[1], said the following:

“Rule 4 of the Beijing Rules recommends that the beginning of MACR shall not be fixed at too low an age level, bearing in mind the facts of emotional, mental and intellectual maturity. In line with this rule the Committee has recommended States parties not to set a MACR at a too low level and to increase the existing low MACR to an internationally acceptable level. From these recommendations, it can be concluded that a minimum age of criminal responsibility below the age of 12 years is considered by the Committee not to be internationally acceptable. States parties are encouraged to increase their lower MACR to the age of 12 years as the absolute minimum age and to continue to increase it to a higher age level. 

33. At the same time, the Committee urges States parties not to lower their MACR to the age of 12. A higher MACR, for instance 14 or 16 years of age, contributes to a juvenile justice system which, in accordance with article 40 (3) (b) of CRC, deals with children in conflict with the law without resorting to judicial proceedings, providing that the child’s human rights and legal safeguards are fully respected.”

Therefore, a correct interpretation of the UN Committee position is not that it recommends that 12 should be the minimum age, but rather that the minimum age should never be below 12 - as such, 12 is the bare minimumof acceptability proposed by the Committee.Indeed, the UN Committee makes the case that a MACR of 14 or 16 sits well with the UNCRC. While HLS welcome the introduction of legislation to raise the minimum age in line with the current minimum age for prosecution, we urge the Scottish Parliament to adopt the higher age of at least 16, in the interests of promoting a forward-thinking and fair system of justice for young people in Scotland. 

This would also build on the success of the Whole System Approach, which recognises the hugely detrimental and destructive impact contact with the criminal justice system has on children and young people.[2]Those young people who come into contact with the criminal justice system are as troubled as they have been troublesome. How the state responds to them can significantly change the course of their life. Being drawn into the justice system can stigmatise and label young people[3]and therefore socially marginalise them as they find it more difficult to re-enter life with their peers. Moreover, contact with the criminal justice system at an early age can actually reduce the likelihood that a young person will desist, making future criminal transgressions more likely.[4]As such, by increasing the minimum age of criminal responsibility we will increase the health, wealth and happiness of Scotland’s young people and contribute to reducing crime.

This is a serious issue for our justice system that we must get right, particularly as currently Scotland has one of the lowest ages of criminal responsibility in Europe – but we now have the opportunity to transform Scotland into a more progressive and just nation. However, merely raising the age of minimum criminal responsibility to 12 will mean Scotland has not gone far enough to align our justice system with those countries whose aspirations for social justice we otherwise share. Following HLS’s recommendation, and adopting a minimum age of 14-16, would bring Scotland into line with, for example, Norway (15 years), Finland (15 years), Portugal (16 years), and Sweden (15 years).

2. The Bill makes a number of changes relating to the disclosure of offences and provides that any conduct by a child below the age of 12 (should the ACR be increased) that would previously have been recorded as a conviction will no longer be recorded as such. The Bill does however, allow for disclosure of ‘other relevant information’ held by the police about pre-12 behaviour. The Committee would welcome views on whether the Bill strikes the right balance in terms of addressing offending behaviour by young children under 12 and the disclosure of such information. 

If the MACR is raised, then there will in fact be no legal responsibility, and thus there can be no such thing as ‘offending behaviour’ by anyone below the minimum age. In logic and in law this question would become redundant. Therefore, HLS advocates that there should be no suggestion that the police can hold or disclose information about ‘behaviour.’ 

Any recorded information that it was felt necessary to retain about a child or indeed any person should only be recorded and retained with judicial consent and with full transparency to the child and parent. Further, it should only be shared with judicial consent and not disclosed routinely in relation to employment, education etc. during enhanced disclosure provisions. The impact of retained records on children may be more likely to trap a child in offending rather than protect the community.

3. The Bill provides that children under 12 who are subject to a police interview will have the right to have an advocacy worker present during the interview. What will the impact be on your organisation or on the children you work with who might access the advocacy service? 

We do not provide direct services and offer no comment, except to urge that legal representation should be available to all children who are to be interviewed by the police so that their rights are equivalent to adults in a similar position.

4. Raising the age of criminal responsibility would necessitate a number of changes in relation to information which can be provided to victims. The Bill seeks to balance the best interests of victims (including child victims) and the best interests of the child responsible for any harm caused. Again, the Committee would welcome views on whether an appropriate balance in this area has been achieved. 

The balance to be had should accord with the right to privacy of the child accused of committing an offence. The UN Committee (footnote 1) considers that:

“the right to privacy also means that the records of child offenders should be kept strictly confidential and closed to third parties except for those directly involved in the investigation and adjudication of, and the ruling on, the case.”

The provision of information to victims appears to contravene this right to privacy. The needs of victims can be met through other means. For example, in Ireland restorative justice conferencing is in place where with the voluntary participation of the victim (or their parent if the victim is a very young child) and that of the child or young person, a meeting can offer information and an opportunity for restitution. Research and evaluation consistently demonstrates that restorative justice can provide better experience of justice by both parties.[5]

In conclusion, HLS welcomes the move to raise the minimum age of criminal responsibility. We urge the Scottish Parliament to ensure that the age is set at 16, so that the proposed legislation will advance Scotland towards full compliance with the recommendations of the United Nations Committee, and to take the utmost care not to create powers that will infringe the rights of children and young people or inhibit their future opportunities.         

 

 

[2]McAra, L., & McVie, S. (2005). The Usual Suspects? Street-life, Young People and the Police. Criminal Justice, 5(1), 5-36.

[4]McAra, L., & McVie, S. (2005). The Usual Suspects? Street-life, Young People and the Police. Criminal Justice, 5(1), 5-36.

[5]Quigley, Martinowicz and Gardiner (2015). Building Bridges: An Independent Evaluation of Le Chéile’s Restorative Justice Project.Research Findings. IRISH PROBATION JOURNAL Volume 12, October 2015