Labour is to look at raising the age of criminal responsibility from 10 years old in England and Wales as part of a sweeping review of youth justice.
The move raises the possibility of police no longer being able to charge older children – possibly up to the age of 12 – with a crime.
Justice Secretary David Lammy said the Government will consider whether the current law ‘reflects modern understanding of childhood, vulnerability and development in today’s society’.
However, any change to the law risks being seen as allowing tearaways to run rampant with no fear of prosecution.
Labour has already come under fire for a series of ‘soft justice’ measures, including a scheme which has seen more than 60,000 criminals freed early from jail.
A new youth justice White Paper, published by the Ministry of Justice (MoJ) today, did not propose a new minimum age.
But it gave a number of examples of other jurisdictions – including Scotland – where it is set at 12.
It also noted: ‘There have been fewer than 50 sentences given to children under 12 in the past five years, none of which have been custodial sentences.’
Lord Chancellor and Justice Secretary David Lammy said he would look at whether the current age of criminal responsibility 'still reflects modern understanding of childhood'
The age of criminal responsibility was raised from eight to 12 in Scotland in 2021.
Today’s document is the first indication that the MoJ will now consider raising it from 10 in England and Wales.
The current minimum age was set in 1963.
The review said: ‘Internationally, many comparable jurisdictions have adopted higher thresholds, and the UN Committee on the Rights of the Child recommends a minimum age of criminal responsibility of 14.
‘Many Parliamentarians and organisations across England and Wales have called for the government to increase the minimum age of criminal responsibility.
‘We recognise the strength of views and interest in the issue of the age of criminal responsibility.’
It welcomed ongoing work on the age of criminal responsibility by the Bar Council, adding: ‘We will carefully consider and respond to the Bar Council’s findings, as we assess whether, and when, it may be appropriate to explore reform in this area.’
The document suggested there could be different ages of criminal responsibility for different offences.
‘The government … notes that other countries, which have a higher age of criminal responsibility, often have different arrangements for particular offences,’ it said.
‘For example, in Ireland, the wider age of criminal responsibility is 12 but children aged 10 or 11 can still be charged with murder, manslaughter, rape or aggravated sexual assault.
‘In practice, therefore, how our age of criminal responsibility compares with other jurisdictions is a more nuanced picture than is sometimes reflected in commentary.’
Mr Lammy said in an introduction to the review: ‘We will carefully consider whether the age of criminal responsibility – currently set at just 10-years old – still reflects modern understanding of childhood, vulnerability and development in today’s society.’