Report says criminalising children from age 10 is not an effective, proportionate or just response to offending
The Bar Council has called on the government to raise the minimum age of criminal responsibility in England and Wales from 10 to 14, arguing that the current threshold is no longer supported by modern understanding of child development and is inconsistent with evidence on reducing reoffending.
The recommendation is set out in a new independent report, Reviewing the Minimum Age of Criminal Responsibility, commissioned by the Bar Council. The review concludes that raising the age to 14 would improve outcomes for children, reduce reoffending and bring England and Wales more closely into line with international practice.
England and Wales currently have a minimum age of criminal responsibility of 10, the lowest in Europe. The report notes that the threshold 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 review found that criminalising children from the age of 10 was no longer justified.
She 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.”
Brimelow 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 review argues that children who come into contact with the criminal justice system are among the most vulnerable and disadvantaged members of society, with many having experienced trauma, abuse, neglect, neurodisability or adverse childhood experiences. It concludes that early criminalisation can reinforce offending behaviour rather than prevent it.
Instead, the report recommends that children under the age of 14 who engage in harmful behaviour should receive diversionary programmes, welfare-based interventions and therapeutic support rather than criminal prosecution wherever appropriate. It says safeguarding measures and non-criminal legal frameworks remain available where necessary to protect the public.
The report also points to international practice, noting that 14 is the most common minimum age of criminal responsibility internationally and is consistent with recommendations made by the UN Committee on the Rights of the Child. It argues that England and Wales have become an international outlier by retaining the age of 10.
Brimelow said: “Being tough on children is not the same as being tough on the causes of crime. Raising the minimum age of criminal responsibility is not ‘soft on crime’; it is smart on crime. It replaces the ineffective criminalisation of young children with interventions that evidence shows are more likely to change behaviour, protect the public and reduce future victims.”
The review also concludes that serious offending by children under 14 is relatively uncommon and should not determine the legal threshold for all children. It argues that existing safeguarding measures, family court powers and mental health legislation can continue to manage the small number of cases where significant risks arise.
The Bar Council has also called for improvements to decision-making at the pre-charge stage and greater investment in diversionary schemes and youth justice services, arguing that early intervention is more effective than prosecution in reducing reoffending.
The government’s Youth Justice White Paper, published in May, said ministers would carefully consider the Bar Council’s review when assessing whether the current minimum age of criminal responsibility remains appropriate.