Scottish Government has concluded its review of the Age of Criminal Responsibility (Scotland) Act 2019. While it acknowledges a further increase to the age of criminal responsibility is possible and “would strengthen Scotland’s commitment to child rights”, it does not commit to any change – saying that further evidence gathering, review and public consultation would be required before a decision is made.  

The Age of Criminal Responsibility (Scotland) Act 2019 raised the minimum age of criminal responsibility (MACR) from 8 to 12. It also put a duty on Scottish Government to conduct a review of the Act after its first three years in operation. The report, laid before Scottish Parliament on 16th December, is the outcome of that review.  

Advisory Group recommendations (December 2024) 

Scottish Government’s review responds to an earlier report of the MACR Advisory Group, of which Together was a member. The Advisory Group published its recommendations in December 2024, calling for a further increase to the minimum age - to 14 or above. The Advisory Group said this would ensure better alignment with the UNCRC, The Promise, and reinforce Scotland’s position as a leader in child-centred justice.  

While setting out a range of options, the Advisory Group collectively recommended continued exploration of a higher MACR, alongside enhanced victim support, clear public communication to build community confidence, and sustained investment in services, training and infrastructure. 

Scottish Government’s response (December 2025)

In contrast, Scottish Government’s report does not commit to raising the MACR. While the Minister acknowledges the strength of the Advisory Group’s analysis, she highlights outstanding challenges, including limited use of some powers in the Act, gaps in data, and unresolved operational and resource implications. Particular emphasis is placed on the need to maintain public confidence, especially in cases involving serious harm. 

Rather than proposing immediate legislative change, Scottish Government notes the need for further review, analysis and public consultation before any increase to the MACR:  

“Ministers recognise the need to carry out a full public consultation with a view to ascertaining views on an incremental future increase in the Age of Criminal Responsibility. At this stage in the Parliamentary cycle, Ministers consider that this would most appropriately be conducted in the next Parliamentary term, should the new Administration be similarly minded.” 

What this means 

While the Advisory Group made a strong case for continued reform and a higher age of criminal responsibility, Scottish Government has opted for a cautious approach that delays decisions on further change. Whether Scotland moves closer to rights-respecting practice on the age of criminal responsibility now rests with the next Parliament. 

Read the full report and accompanying letter from the Minister here.