The Bar Council said the current threshold has remained unchanged despite developments in understanding children’s maturity
The Bar Council has called for the minimum age of criminal responsibility in England and Wales to be raised from 10 to 14, arguing that the current threshold is outdated and unsupported by modern evidence on child development.
The recommendation is contained in a new report, Reviewing the Minimum Age of Criminal Responsibility, which says raising the age would better protect children while reducing reoffending and improving public safety.
England and Wales currently have a minimum age of criminal responsibility of 10, which the Bar Council said is the lowest in Europe and has remained unchanged for more than 60 years despite significant advances in developmental neuroscience and psychology.
Kirsty Brimelow KC, chair of the Bar Council, said: “The minimum age of criminal responsibility in England and Wales has remained unchanged for 60 years despite the profound shifts in knowledge about children that is based on developmental neuroscience and psychology.”
She added: “Our report does not diminish the need for intervention or protection of the public, and the conclusion is that criminalisation at such an early age is not an effective, proportionate or just response.”
The report argues that children who come into contact with the criminal justice system are among the most vulnerable and disadvantaged members of society and that criminalising them at such a young age is more likely to increase, rather than reduce, future offending.
According to the Bar Council, evidence suggests that diversionary programmes and early intervention are more effective than prosecution in reducing reoffending, while also delivering better outcomes for children and society. The report says raising the age would not prevent intervention where children pose risks, but would place greater emphasis on safeguarding, diversion and rehabilitation rather than criminalisation.
Brimelow said: “A ‘tough on crime’ approach to the treatment of children which focuses only on punishment as a method of shaping children’s behaviour is very rarely an effective strategy.”
She added: “Mechanisms that reduce the number of children brought into the justice system, through diversion as well as raising the minimum age of criminal responsibility, are less likely to result in an increase in crime amongst this cohort.”
The Bar Council said bringing children into the criminal justice system at an early age is more likely to result in further offending. It argues that increasing the minimum age of criminal responsibility can also help prevent future victims by reducing reoffending.
The report also says raising the age would not prevent harmful behaviour by children being managed. It points to safeguarding, diversionary programmes and, where necessary, non-criminal detention frameworks as alternative ways to manage risk and protect the public.
The government’s Youth Justice White Paper, published in May, said ministers would carefully consider the Bar Council’s review when assessing whether the age of criminal responsibility remains appropriate.