Age of Criminal Responsibility of Minors

Abstract

The age of criminal responsibility (ACR) refers to the minimum age that a child can be prosecuted and punished by law for an offence. This POSTnote discusses the current ACR in the UK in the context of relevant evidence from neuroscience, psychology and criminology. The UN Committee on the Rights of Child has declared that an ACR of younger than 12 years is not internationally acceptable. In Scotland the ACR is currently 8 years but a Bill has been passed to raise it to 12 years. In England, Wales and Northern Ireland the ACR is 10 years. A Private Member's Bill to raise it to 12 years is currently being discussed in the House of Lords. Recent advances in brain scanning techniques have shown that the 10-year-old brain is developmentally immature and goes through significant changes during adolescence. Adolescents are particularly prone to risk taking behaviours which they often grow out of later in life. There is evidence that criminalising children does not reduce future offending behaviour but can be harmful. Many children who come into contact with the Criminal Justice System are victims of crime themselves, and have mental health, communication and learning difficulties. There are concerns that they are often unable to participate effectively in their criminal trials. There is also a view that children should be held accountable for offending behaviour. Alternative ways of managing children in conflict with the law are discussed. Early intervention is seen as key to reducing child crime, and welfare laws can be used to deprive children of their liberty when there are issues of risk. Key Points The age of criminal responsibility in the UK is the lowest in Europe. In England, Wales and Northern Ireland it is 10 years old, which contravenes international juvenile justice standards. In Scotland a Bill has been raised to increase the age from 8 to 12, but there is resistance to change elsewhere in the UK. An age of criminal responsibility of 10 years is seen as arbitrary and not evidence-based. It is also out of step with other legal age limits for children. Research shows that 10-year-old children are immature in terms of moral and brain development. Criminalising children adversely affects their future prospects and makes them more likely to reoffend as adults.