Child Disability Payment decision making guide
Young people and legal detention
Children under 12
Children under 12 cannot be convicted or have a criminal record in Scotland. They can be referred to a children’s hearing if they appear to be at risk or vulnerable. This could be for behaviour such as assaulting others or theft. The hearing can help decide how best to help the child and their family.
Children aged 12-15
Children between the age of 12 and 15 are most likely to be referred to the Children’s Reporter if they commit an offence. The Children’s Reporter is responsible for deciding whether to refer the child to a children’s hearing. The decision by the children’s hearing can become part of a criminal record.
Children aged 12 or older can also be prosecuted for a criminal offence in court if the offence is serious.
Young people aged 16-18
Young people between the ages of 16 and 18 will usually be prosecuted in court unless they already have an order by a children’s hearing.