Scotland

In Scotland the age of criminal responsibility is eight years but prose­cution of children under the age of 16 years in court is rare and can take place only as instructed by the Lord Advocate; court proceedings nor­mally take place only where the offence is of serious nature, or where a child is prosecuted together with an adult. Instead, children under 16 (or in certain circumstances those aged between 16 and 18 if subject to a su­pervision requirement) who have committed an offence or are considered to be in need oteare and protection may be brought before a children's hearing. The hearing, which consists of three lay people drawn from a panel for each region or islands area, determines in an informal setting whether compulsory measures of care are required and, if so, the form they should take. An official 'reporter' decides whether a child should come before a hearing. If the grounds for referral are not accepted by the child or parents, or if for any reason the child is not capable of under­standing the explanation of the grounds, the case goes to the sheriff for proof. If he finds the grounds established, the sheriff remits the case to the reporter to arrange a hearing. The sheriff also decides appeals against any decision of a children's hearing.