Lawyers in England and Wales are calling for the age of criminal responsibility to be raised from 10 to 14, arguing that prosecuting children younger than 14 is not a just response and can lead to further criminal behavior. The Bar Council, representing 18,000 barristers, has stated that hundreds of cases against young offenders should not proceed because criminalization before the age of 14 is counterproductive. This recommendation could influence the government's decision on whether to change the law, which would mean children under 14 would no longer face arrest, charges, or prosecution.
The age of criminal responsibility in England and Wales was last increased in 1963, from eight to ten. The Bar Council's report suggests that children who enter the criminal justice system are more likely to re-offend. Research cited in the report indicates that child offenders often have neurological and learning disabilities, developmental disorders, lower intellectual functioning, and are more susceptible to complying in interviews and making false confessions. The report also highlights that young people from Black and ethnic minority backgrounds and those in care are disproportionately affected, as the justice system may too readily perceive them as inherently prone to criminality.
In the year leading up to March 2025, 1,590 children aged 10 to 14 were convicted, with only 22 receiving immediate custody sentences. Kirsty Brimelow KC, chairman of the Bar Council, stated that bringing children into the criminal justice system increases the likelihood of further offending and advocated for diversionary programs instead. The Law Commission, the Law Society of England and Wales, and the Children's Commissioner for England have backed this recommendation.
However, concerns have been raised about the potential impact of such a change. Police have warned of an increasing trend of young people being involved in serious crimes, including terrorism and organized crime. Graeme Biggar, head of the National Crime Agency, noted that children are being lured into criminal activities through social media and gaming platforms, with ages of involvement becoming progressively younger. Assistant Commissioner Laurence Taylor of UK Counter-Terrorism reported that children as young as ten are being referred to the de-radicalization program Prevent due to fears of radicalization, and that arrests for terrorism-related offenses involving children have significantly increased. In the past year, 40 children were arrested for terrorism-related offenses in the UK, representing one in five arrests, a stark increase from one in twenty a decade ago.
The debate also involves political considerations, with Justice Secretary David Lammy having indicated that Labour would review the law if supported by the Bar Council. Conversely, Shadow Lord Chancellor Nick Timothy has urged Labour to rule out raising the age of criminal responsibility, citing cases of serious offenses committed by teenagers, emphasizing that such a change could mean perpetrators of crimes like gang rape would go unpunished. High-profile historical cases, such as the 1993 murder of toddler James Bulger by ten-year-olds Jon Venables and Robert Thompson, and the 2023 murder of Shawn Seesahai by two 12-year-olds, are often cited in discussions surrounding the age of criminal responsibility.
