The 'Victorian' tag often associated with England's harsh treatment of children within the justice system has once again been applied to its current approach, this time by the Bar Council of England and Wales. Following a thorough review, the council is urging policymakers to raise the minimum age of criminal responsibility from 10 to 14 years old – a move that would bring the UK in line with most other European nations.
Children as young as 10 are currently being processed through the justice system, often facing detention periods lasting over 11 hours on average. A significant proportion – 45% – were detained overnight in the year leading up to March 2024. Experts warn that the complexities of the criminal justice system can have a profound impact on children's cognitive development, making them more susceptible to suggestive questioning and compromising their right to a fair trial.
The long-term effects of this early involvement are cause for concern. The Bar Council highlights the case of 'Dylan', who was sentenced to a Detention for Public Protection (DPP) at 13 and spent nearly two decades under its shadow. Despite completing his GCSEs in detention and periods of community living, Dylan faced repeated recalls to prison for licence breaches – often without committing new offences.
Data suggests that bringing young children into the justice system is more likely to lead to further offending rather than deter it. Two-thirds of young offenders go on to commit more crime, with 80% of adult persistent offenders first entering the system as children. This issue disproportionately affects vulnerable groups, including those with disabilities, from minority ethnic backgrounds, and who have had contact with social services. Many within the justice system have also experienced childhood trauma – including violence, sexual, and physical abuse.
The Bar Council argues that the lasting impact of criminal process involvement can severely hinder a child's future prospects, even if they do not face a licence period. The recommendation to raise the age of criminal responsibility is seen as a crucial step towards a more humane and effective approach, prioritising rehabilitation and addressing the root causes of offending behaviour in young people.