The Bar Council, representing barristers in England and Wales, has called for the minimum age of criminal responsibility to be raised from 10 to 14, with support from the Law Commission and England's Children's Commissioner.
Current System and Proposed Change
Under existing law, children as young as 10 can be arrested and charged with criminal offences. Those aged 10-17 are processed in youth courts and placed in secure juvenile centres. The Bar Council's report, released on Sunday, argues that the age of 10 'remains low by contemporary global standards.'
Scotland raised its minimum age to 12 in 2019, while Northern Ireland's efforts to lift the threshold from 10 appear likely to be blocked by an Assembly veto mechanism.
Evidence and Impact
The report notes that of 1,590 children aged 10-14 convicted in the year to March 2025, only 22 received immediate custodial sentences. It states this 'makes it clear that any argument for criminalisation of this cohort cannot realistically be supported by an appeal to the need for criminal process in order to protect the public.'
Bar Council chairwoman Kirsty Brimelow acknowledged that discussions 'bring back the memory of the James Bulger case' but emphasised it was 'exceptionally rare.' She said: 'As well as setting children on a separate track, which funnels them towards further crime and prison, this approach also produces inconsistencies within UK law.'
Support from Key Figures
Mark Evans, President of the Law Society of England and Wales, stated: 'We support raising the age of criminal responsibility to 14 years; the current age of 10 years is far too low. This would be an important step towards aligning the system with evidence on child development.'
England's Children's Commissioner, Dame Rachel de Souza, commented: 'I believe no child at the age of ten should be sentenced for a crime; instead, they need a robust and well-enforced alternative.' She added: 'I hope the Government seriously considers the recommendations of the Bar Council.'
Government Response
A Ministry of Justice spokesperson said: '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.'
The Government, in a youth justice paper published in May, stated it would 'carefully consider' the review and its recommendations.
