The Bar Council of England and Wales has recommended raising the minimum age of criminal responsibility from 10 to 14, arguing that prosecuting young children does not improve public safety and instead leads to higher reoffending rates. Currently set at 10, the age is the lowest in Europe and has remained unchanged for over 60 years.
Current System and Its Impact
Children aged 10 can be arrested and detained by police, experiencing the same process as adult suspects. In the year to March 2024, 45% of arrested children were detained overnight, with an average detention of about 11.5 hours. The cognitive demands of the criminal justice system are challenging for children, increasing suggestibility and compliance in interviews, which undermines the fairness of convictions.
Kirsty Brimelow KC, chair of the Bar Council, stated: 'England and Wales are outliers in bringing the criminal justice system to bear on young children who cause harm.' She highlighted that the system's harshness mirrors Victorian attitudes criticized by Charles Dickens.
Case Study: Dylan's Two Decades Under Sentence
Dylan (not his real name) was sentenced at age 13 for a robbery committed at 12. He received a detention for public protection (DPP) sentence, the child equivalent of the flawed IPP sentences. He spent most of the next 20 years under its shadow, with multiple recalls to prison for non-compliance rather than new offences. He was unconditionally released earlier this year, nearly two decades after the original sentence.
Brimelow noted: 'Because of the DPP, Dylan could easily be recalled to prison, even without committing a new offence.' New DPPs were abolished in 2012, but many older sentences remain in force.
Reoffending Rates and Disproportionate Impact
Home Office data shows that two-thirds of young offenders reoffend, and 80% of adult persistent offenders first entered the justice system as children. Children with disabilities, from minority ethnic backgrounds, or with social-care contact are overrepresented. Many have experienced trauma such as abuse, neglect, or bereavement.
In the year to March 2025, 1,590 children aged 10-14 were found guilty, with only 22 receiving immediate custody. Among first-time entrants aged 10-12 (233 children), only one received custody. Brimelow argued: 'By the time the court determines that locking up a child is not required, it is too late as they already have been through the criminal justice system.'
Alternatives and Recommendations
Diversionary programmes are effective and cost-efficient, reducing future crime without increasing offending. The Bar Council recommends raising the age to 14, aligning with scientific evidence on adolescent brain development. 'Protecting childhood and protecting society are not competing aims,' Brimelow concluded. 'The measure of a justice system lies not in how early it punishes children but in how wisely it protects their future.'
