Senior judges are spearheading a major push to reform youth justice laws in England and Wales, demanding the age at which children can be prosecuted for crimes be raised significantly.
Judicial Heavyweights Back Amendment
Lady Hale, the former president of the UK Supreme Court, has joined forces with Lady Butler-Sloss, once the highest-ranking female judge in England and Wales. Together, they have signed a crucial amendment to the crime and policing bill that seeks to increase the age of criminal responsibility from 10 to 14 years old.
This move follows intense pressure from children's charities and human rights organisations. They argue that prosecuting children as young as 10 is fundamentally flawed, pointing to scientific evidence which shows that a child's brain is not sufficiently developed at that age to fully comprehend the consequences of their actions or to participate meaningfully in legal proceedings.
England and Wales 'Out of Step' with Europe and Science
The current law places England and Wales at the joint lowest age of criminal responsibility in Europe, alongside Switzerland. This means a child of 10 can face police investigation, be formally charged, and stand trial, potentially acquiring a criminal record that follows them for life.
This stance is starkly at odds with most other European nations. Countries like Spain, Germany, and Italy have set the threshold at 14 or higher. Notably, the United Nations has repeatedly urged the UK to raise its age to at least 14.
In a powerful statement, Shami Chakrabarti, the former director of Liberty, condemned the existing system. "A government prioritising child poverty needs to step up on child criminalisation," she said. "To prosecute 10-year-olds is barbaric – out of step with neuroscience, civilised international values and attempts at greater equality."
Government Defends Current Law Amidst Rising Calls for Change
Despite the high-profile campaign, the government has confirmed it will oppose the amendment. A Ministry of Justice spokesperson defended the status quo, stating: "We are not changing the age of criminal responsibility, instead we want to help children who have committed crime to stop reoffending and turn their lives around."
The spokesperson added that children aged 10 to 14 are treated differently from adults, facing youth courts and specific sentences. They argued that keeping the age at 10 allows for early intervention to prevent more serious crimes later.
Official figures reveal the scale of the issue: in the year to March 2024, approximately 3,400 children between the ages of 10 and 14 were cautioned or sentenced. The law was set at 10 by the Labour government in 1998, a decision heavily influenced by public outcry over the murder of James Bulger by two 10-year-old boys in 1993.
Fiona Rutherford of the charity Justice offered a contrasting view: "Treating 10-year-olds as criminals is cruel and irrational. It puts us at odds with international norms and years behind the science on brain development." The debate highlights a deep divide between the government's approach and a growing consensus among legal experts, scientists, and campaigners that the UK's youth justice system requires urgent modernisation.
