The mother of murdered toddler James Bulger has urged Labour to reconsider its stance after the government opened the door to raising the age of criminal responsibility. Denise Fergus strongly criticised a review by Justice Secretary David Lammy, which indicated that the Government would consider increasing the minimum age for prosecution from 10 years old in England and Wales. Ms Fergus described the proposals as 'a dangerous move'.
Background of the Case
Little James, aged two, was abducted from a shopping centre in Bootle, Merseyside, and murdered by Jon Venables and Robert Thompson, both then aged 10, in 1993. The case shocked the nation and led to widespread debates about youth crime and justice.
Labour's comprehensive review of youth justice, published on Monday, raised the possibility that police might no longer be able to charge older children – possibly up to the age of 12 – with a crime. The review did not set out firm proposals but noted that one United Nations body has recommended that children under 14 should not be held responsible for their crimes.
Denise Fergus's Reaction
Ms Fergus said: 'It is extremely worrying that plans could be afoot to raise the age of criminal responsibility. It would be a dangerous move. I have seen first-hand how adult crimes can be committed by children. If you are capable of committing an adult crime, you should be tried in the courts like an adult.' She urged the Government to rethink its tentative plans, adding: 'We need tougher justice to prevent children committing adult crimes, not a review of the age of criminal responsibility with the view to raise it. I really hope the government rethink any plans they might have to raise the age of criminal responsibility.'
Outcome of the Killers
James' killers were released aged 18 in 2001 – with new identities – after spending just eight years in young offenders' institutions. Thompson, now 43, has not reoffended. However, Venables, also now 43, was sent back to jail in 2010 and 2017 after being caught with child sex abuse images on his computer. Ms Fergus commented: 'The two killers who murdered James were 10 when they killed him. They knew exactly what they were doing. It is a great injustice that they weren't ever sent to prison and were just 18 when they were released from the youth offenders' institute they were sent to. One of them has repeatedly reoffended and is currently back in prison. For me, this shows that children are still capable of committing adult crimes which can have a devastating effect on victims' families.'
Government's Position
Lord Chancellor and Justice Secretary David Lammy said he would consider whether the current age of criminal responsibility 'still reflects modern understanding of childhood, vulnerability and development in today's society'. However, any change risks being seen as allowing young offenders to run rampant with no fear of prosecution. Labour has already faced criticism for a series of 'soft justice' measures, including a scheme that has seen more than 60,000 criminals freed early from jail.
Details of the Review
The youth justice White Paper, published by the Ministry of Justice, gave examples of other jurisdictions – including Scotland – where the age of criminal responsibility is set at 12. The review stated: 'Internationally, many comparable jurisdictions have adopted higher thresholds, and the UN Committee on the Rights of the Child recommends a minimum age of criminal responsibility of 14. Many Parliamentarians and organisations across England and Wales have called for the government to increase the minimum age of criminal responsibility.' It welcomed ongoing work on the age of criminal responsibility by the Bar Council, adding it would 'carefully consider' its findings 'as we assess whether, and when, it may be appropriate to explore reform in this area'.
The document also suggested there could be different ages of criminal responsibility for different offences. It noted: 'The government … notes that other countries, which have a higher age of criminal responsibility, often have different arrangements for particular offences. For example, in Ireland, the wider age of criminal responsibility is 12 but children aged 10 or 11 can still be charged with murder, manslaughter, rape or aggravated sexual assault.'
Political Reactions
Shadow Home Secretary Chris Philp said: 'This is yet another example of this Labour Government seeking to weaken the criminal justice system. Is this Labour Government really saying Venables and Thompson should have gone unpunished for such a serious crime? This change in the law would also be a green light to ruthless county lines gangs to brutally exploit 10- and 11-year-olds, for example, to carry out criminal acts. It could unleash a tsunami of exploitative manipulation of children to commit crimes in a modern-day equivalent of Charles Dickens' Fagin. Kids not under the control of a gang could see it as a licence to wreak havoc, including shoplifting.'
Founder of victims' charity Families Fighting for Justice, Jean Taylor, said: 'Does a 10-year-old know the difference between right and wrong? Yes, they do. I would urge the Government to think long and hard before they act. The risk would be that it could be exploited and that children of 10 or over would think they could do what they want.'
Current Law and Future Plans
The age of criminal responsibility was raised from eight in Scotland in 2021. The current minimum age in England and Wales was set in 1963. Labour also said it will publish proposals by the end of the year to change the way child offenders have to disclose convictions later in life if they apply for sensitive jobs, such as those with children or vulnerable adults. It will also strengthen parenting orders so there are 'real consequences' for those who fail to address an offspring's bad behaviour.
