Seminar 2 PDF

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Questions: 1. At what age does an individual become an adult in Scotland? Which statute regulates this? Under the Age of Legal Capacity (Scotland) Act 1991, the age is 16. Well from the Age of Majority act it can clearly be seen that a child legally becomes an adult from S1 of this act. It can also be seen in S93 of the Children’s act subsection 2 which allows for an inference to be made when it says a person under the age of 18. What can be seen in b(i) however is that it states a child who has not attained the age of sixteen years which creates an element of confusion as to the status of a person when they reach the age of 16. It could perhaps be said that while they remain a child they obtain a degree of ability to take actions for themselves however these could be declared as prejudiced as legal capacity is not absolute and therefore transactions between the ages of 16 and 18 can be challenged under the Age of Legal Capacity (Scotland) Act 1991 section 1.

2. What do you notice about the different definitions of children in the legislation? Age of Majority (Scotland) Act 1969, s. 1 - As from the date on which this Act comes into force a person shall attain majority on attaining the age of eighteen instead of on attaining the age of twenty-one; and a person shall attain majority on that date if he has then already attained the age of eighteen but not the age of twenty-one. Age of Legal Capacity (Scotland) Act 1991, s. 1 - (a) a person under the age of 16 years shall, subject to section 2 below, have no legal capacity to enter into any transaction; - (b) a person of or over the age of 16 years shall have legal capacity to enter into any transaction.

Children (Scotland) Act 1995, s. 93 - https://www.legislation.gov.uk/ukpga/1995/36/section/93

Children and Young People (Scotland) Act 2014, s. 97 - “child” means a person who has not attained the age of 18 years

Children’s Hearings (Scotland) Act 2011, s. 199 - “child” means a person who is under 16 years of age

Education (Scotland) Act 1980, s. 135 - “child” means a person who is not over school age;

What we have noticed is that they vary act to act generally to accommodate a wider age range when extra protection may be required.

3. To what extent does the child protection guidance make clear the definition of a child? It doesn’t necessarily make it clear, but it tells us the different definitions for it and makes it clear why we have so many definitions for a child.

4. What are the characteristics we consider important in marking the transition to adulthood in Scotland? Gaining capacity to make own their decisions Driving- gain the ability to legally drive on your own More mature- interest in drinking/lose innocence

5. What are the significant landmark ages in Scotland? 8- in disclosure 12- Age of criminal responsibility, write will, hire solicitor 13- join social media apps 16- get married, Age of legal capacity for certain transactions etc, you can vote locally 1718- Adult, vote nationally 21- The Scottish age of majority was originally 21 until reduced to 18 by the Age of Majority (Scotland) Act 1969.

6. Are there any age limits which you think are inconsistent with the UN Convention on the Rights of the Child and should perhaps be subject to reform? Age you can join army which is at 16 Recommended age of responsibility was at 18 according to CRC...