The Bar Council issued a clarion call for the age of criminal responsibility to be raised to 14 years this week, in its report, ‘Reviewing the minimum age of criminal responsibility’. It highlights scientists’ and youth lawyers’ arguments that the adolescent brain is more vulnerable to negative environmental influences and more receptive to rehabilitation due to its heightened neuroplasticity and capacity for change. Moreover, children who have been repeatedly traumatised during their life tend to respond better to care, support and positive incentives than punishment.
The Bar report also raises concerns about the numbers of children with learning disabilities, reduced intellectual functioning and communication disorders or who are experiencing mental health issues in the criminal justice system.
Bar Council chair Kirsty Brimelow KC said: ‘Diversionary programmes are more beneficial to the individual child and to the public in terms of reducing future crime and attendant resources.
‘It is also cost effective financially as well as societally.’ Brimelow said the Bar was not against intervention or protective measures and, where detention was necessary, mental health or family court processes could be more appropriate.
In the year to March 2025, 1,590 children aged 10 to 14 were found guilty of offences and 22 received sentences of immediate custody. About 5% of cases involving child defendants are sent to the Crown Court.
Mark Evans, president of the Law Society, said: ‘We support raising the age of criminal responsibility to 14 years; the current age of 10 years is far too low.
‘This would be an important step towards aligning the system with evidence on child development and ensuring more effective responses to children who do wrong.’
