How Scotland's soft justice system encourages gangs to entice children as young as 12 into a life of crime

Amid an increase in the number of children being caught with stolen goods, the Scottish Police Federation warns children are now being ‘routinely exploited for the purposes of criminality’

Youths wearing balaclavas have become a feared sight in many towns and cities (Picture: Darren Staples)placeholder image
Youths wearing balaclavas have become a feared sight in many towns and cities (Picture: Darren Staples) | AFP via Getty Images

It might seem politically ‘progressive’ to respond with sympathy if a child verbally abuses and assaults a teacher, and to try to avoid sending young people to prison if at all possible.

However, any society that removes the boundaries of acceptable behaviour risks creating the conditions for a general breakdown in law and order. And, of course, the young people concerned are among the victims of such well-meaning but misguided attitudes.

David Threadgold, of the Scottish Police Federation, has warned children are now being “routinely exploited for the purposes of criminality”. “The problem is there is no deterrent – the kids and the criminals know that, no matter what happens, they won’t be properly punished. Sentencing guidelines which say under-25s should not be jailed only work if there are proper preventative, educational or rehabilitative measures instead – but that just isn’t the case.”

‘This is abuse’

According to 1919 Magazine, 104 young people were caught with stolen goods by police using stop-and-search powers in 2023/24. That figure rose to 172 last year and, if the current rate continues, there will be about 200 cases in 2026/2027. These numbers may be relatively small, but they are obviously only a sample.

The potential doubling of the number in just four years provides evidence to support the increasing complaints from retailers and others about shoplifting and thefts involving children, some of whom are alarmingly young. Among those caught with stolen goods this year were two 12-year-old girls in East Kilbride.

As Karyn McCluskey, the chief executive of Community Justice Scotland, wrote recently in The Scotsman, “this is abuse”. “Children who cause serious harm must face consequences. But consequences for those children alone will not stop adults from finding another vulnerable child to exploit. We need to see both the harm caused by the young person and the harm being done to them,” she argued.

Criminal gangs are enticing vulnerable young people into committing crimes, but so too is the lax discipline in Scotland’s schools and a soft justice system. Children deserve sympathy but they also need to realise that crime means punishment. And their adult exploiters should face the toughest sentences.

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