Top judges call for England and Wales to raise age of criminal responsibility to 14
An amendment to raise the age of criminal responsibility from 10 to 14 in England and Wales has been signed by Lady Hale and Lady Butler-Sloss. Currently, England and Wales, along with Switzerland, have the joint lowest age of criminal responsibility in Europe. From the age of 10, children can be investigated, charged, and tried, potentially resulting in a lifelong criminal record. In the year ending March 2024, around 3,400 children aged 10 to 14 were cautioned or sentenced. Many European countries set the age at 14 or higher.
Backers of the amendment argue that prosecuting 10-year-olds is inappropriate due to brain development considerations and international norms, aiming to prevent charging children as adults. The UN has urged England and Wales to raise the age to 14, noting that some countries with poor human rights records, such as Afghanistan, North Korea, and Russia, have higher ages. The age was lowered to 10 in 1998 after the James Bulger case, while Scotland raised its age from 8 to 12 in 2021.
Raising the age would not preclude the use of diversions or out-of-court disposals as alternative interventions. However, the government insists it will not change the age and will focus on stopping reoffending instead. Critics, including Fiona Rutherford of Justice, argue that the current policy is cruel, irrational, and behind the science.
