The Bar Council has called for the minimum age of criminal responsibility in England and Wales to be raised from 10 to 14. The recommendation, detailed in a report published on Sunday, argues that the current age remains low by contemporary global standards and is inconsistent with evidence on child development.
Current Age and Its Implications
Under existing law, children aged 10 can be arrested and charged with a crime. Those between 10 and 17 are dealt with by youth courts and may be sent to secure centres for young people rather than adult prisons. The Bar Council report states that of the 1,590 children aged 10 to 14 found guilty of offences in the year to March 2025, only 22 were sentenced to immediate custody. This small number, the report argues, makes it clear that criminalisation of this cohort cannot be justified by public protection needs, even for short custodial sentences.
Support from Key Bodies
Both the Law Commission and England’s Children’s Commissioner, Dame Rachel de Souza, have backed the Bar Council’s recommendation. Dame Rachel stated: “I believe no child at the age of ten should be sentenced for a crime; instead, they need a robust and well-enforced alternative – but one which doesn’t push them into the criminal justice system.” The Law Society of England and Wales also supports the change, with President Mark Evans saying: “We support raising the age of criminal responsibility to 14 years; the current age of 10 years is far too low.”
International Standards and Comparisons
The Bar Council noted that 14 is the lowest age recommended by the United Nations Convention on the Rights of the Child (UNCRC) for criminal responsibility and is the most common age worldwide. Scotland raised its minimum age to 12 in 2019, while Northern Ireland has considered a similar move but faced potential rejection via an Assembly veto mechanism.
Historical Context and Recent Cases
Campaigners have long argued that the 1993 murder of two-year-old James Bulger by two 10-year-olds has created reluctance to raise the age. Bar Council chairwoman Kirsty Brimelow acknowledged that the case “brings back the memory” but stressed it was “exceptionally rare”. More recently, two 12-year-old boys were sentenced for the murder of Shawn Seesahai in Wolverhampton in 2023, reported as the UK’s youngest knife killers. In summer 2024, children as young as 12 were convicted in relation to public disorder following the Southport murders.
Evidence and Arguments for Raising the Age
The Bar Council report states that evidence “overwhelmingly supports” the conclusion that criminalising young children undermines public safety and increases future offending by perpetuating underlying vulnerabilities. It argues that raising the age to 14 allows for interventions through child protection, education, welfare, mental health, and family support without criminalisation. Ms Brimelow said: “A ‘tough on crime’ approach focusing only on punishment is rarely effective. Bringing children into the criminal justice system is more likely to result in further offending. Diversionary programmes are more beneficial to the child and the public.”
Government Response
The Government, in a youth justice paper published in May, said it would “carefully consider” the review and recommendations. A Ministry of Justice spokesperson stated: “The current age of criminal responsibility is 10 and no decision has been made on changing it. Any decision we make will always be guided by expert evidence and have the public and victims’ best interests at its heart.”
