Government rejects call to raise the age of criminal responsibility
A call to raise the age of criminal responsibility from ten to 12 has been rejected by the Government.
A call to raise the age of criminal responsibility from ten to 12 has been rejected by the Government.
The Childrens Commissioner, Maggie Atkinson, called for the change as she said children under 12 did not fully understand their actions, but the Secretary of State for Children, Schools and Families, Ed Balls, said her comments were ill-advised.
The Ministry of Justice has said children over ten know the difference between bad behaviour and serious wrongdoing and that there were no plans to increase the age.
The age of criminal responsibility in many European countries ranges between 14 and 16, but in England, Wales and Northern Ireland remains at ten. In Scotland, the age is currently eight, but legislation is being passed to raise it to 12.
A Ministry of Justice spokesperson said: We do not intend to raise the age of criminal responsibility. It is not in the interests of justice, of victims or the young people themselves to prevent serious offending being challenged.
Custody for under-18s is always a last resort and is only used for the most serious, persistent and violent offenders.
Only three per cent of young offenders who admit, or are convicted of, an offence receive a custodial sentence and the Government has expanded the range and intensity of community sentences available for young people, as an alternative to detention.
Dr Atkinson referred to the case of Jamie Bulger and said the boys responsible for the killing should not have been tried as adults, but given the help they needed to become upstanding members of society.
Comments from Mr Balls contradicting her view have drawn attention after he overrode the House of Commons Select Committees decision when he appointed her.
Mr Balls said: On the issue of criminal responsibility, I disagree with the Childrens Commissioner. On her linking of the views on criminal responsibility with the James Bulger case I thought that was ill-advised.
I think not just for Mrs Bulger, but for many people, the scars of what was done to James Bulger are very deep.
And I think it would be quite wrong not to have had criminal proceedings for the children who did that to James Bulger.
Shadow Justice Secretary, Dominic Grieve, said: Changing the age of criminal responsibility is not the answer. We need fundamental reform to address the causes of offending by children, including family breakdown, poverty, gang culture and school discipline.