Refreshed operational guidance published 24 June 2026 alongside flowcharts for joint investigative interviewing and inter-agency referral discussions.
The Age of Criminal Responsibility (Scotland) Act 2019 (hereafter referred to as ‘the Act’) came into effect from 17 December 2021, bringing important changes to the rights of all children under 12 years of age. This change was reflected in the updated Early and Effective Intervention – Framework of Core Elements which was published by the Scottish Government in June 2021. The Core Elements recognises the difference between offending and concerning or harmful behaviour.
Social Work Scotland, Police Scotland and Scottish Government colleagues developed operational joint guidance for social workers and police in 2021 and is updated every couple of years.
The operational joint guidance contains information to support Police Scotland and Local Authorities in the application of their operational duties, under the Age of Criminal Responsibility (Scotland) Act 2019 (the Act). This guidance should be read in conjunction with the following, published by Scottish Ministers:
- Age of Criminal Responsibility (Scotland) Act 2019 – Statutory Guidance on Investigative Interviews
- Age of Criminal Responsibility Act (Scotland) Act 2019 – Statutory Guidance on the use of a Place of Safety
- Age of Criminal Responsibility Act (Scotland) Act 2019 – Child Interview Rights Practitioner Code of Practice
A vital part of the changes this introduces for children under 12 is to protect them from the harmful effects of early criminalisation, while ensuring they receive the right support and reduce stigma. Getting it Right for Every Child (GIRFEC) emphasises the need to take a child-centred approach, understanding the wellbeing of a child in their current situation, taking into consideration the wider influences on a child and their developmental needs. It is essential that all agencies who work to support and meet the needs of children across Scotland ensure that their processes, practice and documentation reflect this important change. The language that all professionals use, in any form of communication, must reflect the wellbeing and rights-based approach that all agencies support.
Useful guidance for young people and families has been developed by Victim Support Scotland.
