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the earlier and the more intense such contact is, the more likely someone is to have a longer-term criminal career. When we did a comparison between Germany, which has more of a punitive system, and Scotland, which has much more of a welfarist system, we found very similar things. Those children who had earlier and more intensive contact were far more likely to end up in the criminal justice system and to have a longer-term criminal career than those who were not drawn into that system—even when those other young people were offending to a similar extent. There is an issue of what goes with criminal responsibility as opposed to just responsibility. Children’s hearings can discuss with a child of whatever age who has been referred to them responsibility for any behaviour, whether it be truanting from school or any of the conduct grounds on which they have been referred, and they can help them to take responsibility for that behaviour and move on from it. Criminal responsibility has the issue of disclosure attached to it, particularly at the moment, but there will always be a stigma attached to having committed a criminal offence, whichever forum deals with it. If there is a way to raise the age and diminish that stigma, that would be helpful. I hope not, and I hope that there is further thinking on the matter. As we did with eight to 11-year-olds, we in the SCRA can do work on comparing children’s referrals on offence grounds in the 12 to 16-year-old age group and look at the issues to see whether, as I suspect, there are similar background issues. That would also give us time to tease out the implications for the older age group of dealing with, say, a 15-year-old who was charged with a particularly significant and serious offence. How would that be dealt with in the legal system if there was no age of criminal responsibility? I believe that there are ways of doing that, and my fundamental belief is that, as I hope, there should be further reform. However, those issues are separate and more complex than those involving eight to 11-year-olds and need to be teased out. I have never had an explanation for that. It seemed sensible that the age of criminal responsibility should go up. However, the fact that it did not has allowed for a period in which we have been able to see what the effect would be of a wholesale rise. As we know from the research that was done by the Scottish Children’s Reporter Administration, we are not referring many children aged eight, nine, 10 or 11 on offence grounds. I think that in the mists of Scots criminal law history, the age was set at seven. The institutional writers have a very developed system for deciding whether children can have criminal responsibility but nobody in Scottish legal history has ever wanted anybody aged six or under to be criminally responsible. The age was raised to eight in 1932, seemingly because there was a view that it should be raised, so it went up by one year. If we look at the evidence from Malcolm Schaffer’s office, we know
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