The Labour government is set to examine raising the age of criminal responsibility from 10 years old in England and Wales as part of a comprehensive review of youth justice. This potential change could mean that police would no longer be able to charge older children—possibly up to the age of 12—with criminal offences.
Justice Secretary's Stance
Justice Secretary David Lammy stated that the government will consider whether the current law 'reflects modern understanding of childhood, vulnerability and development in today’s society.' However, any alteration to the law risks being perceived as allowing young offenders to act without fear of prosecution.
Criticism of 'Soft Justice'
Labour has already faced criticism for a series of 'soft justice' measures, including a scheme that has seen over 60,000 criminals released early from prison. The new youth justice White Paper, published by the Ministry of Justice today, did not propose a new minimum age but provided examples of other jurisdictions, such as Scotland, where the age is set at 12.
The document noted that there have been fewer than 50 sentences given to children under 12 in the past five years, none of which were custodial. Scotland raised its age of criminal responsibility from eight to 12 in 2021, and today's document is the first indication that the MoJ will consider a similar move in England and Wales.
Historical Context and International Comparisons
The current minimum age of criminal responsibility in England and Wales was set in 1963. The review stated that internationally, many comparable jurisdictions have adopted higher thresholds, and the UN Committee on the Rights of the Child recommends a minimum age of 14. Many Parliamentarians and organisations across England and Wales have called for an increase.
The government welcomed ongoing work on the issue by the Bar Council and will carefully consider its findings to assess whether reform is appropriate. The document also suggested that different ages of criminal responsibility could apply for different offences, citing Ireland, where the general age is 12 but children aged 10 or 11 can be charged with murder, manslaughter, rape, or aggravated sexual assault.
Nuanced Comparison
In practice, the comparison of age of criminal responsibility with other jurisdictions is more nuanced than often reflected in commentary. Mr. Lammy emphasised that the government will carefully consider whether the current age still reflects modern understanding of childhood, vulnerability, and development in today's society.
