The Bar Council has urged the government to lift the minimum age of criminal responsibility to 14 – laying the groundwork with an evidence-led report, published today, which the government has committed to considering as part of its youth justice reforms.

The current age when children can be arrested or charged with a crime is 10. Scotland's threshold is 12. Northern Ireland is consulting on raising the threshold from 10. The UN Committee on the Rights of the Child recommends 14 as the minimum age.

Kirsty Brimelow KC declared when she took over as bar chair that children in the justice system would be a high priority during her tenure and set up a working group to look at the minimum age of criminal responsibility. After considering evidence including scientific studies of brain development in adolescence, the group concluded that the minimum age must rise.

Brimelow said: ‘The minimum age of criminal responsibility in England and Wales has remained unchanged for 60 years despite the profound shifts in knowledge about children that is based on developmental neuroscience and psychology. We have analysed the available research and evidence to identify methods by which child offending, as it is currently categorised, may be identified and managed in ways that tend to minimise, not aggravate, the risk of future harm.

Brimelow address

Brimelow delivering her inaugural address, in which she said children in the justice system would be a high priority

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‘Children in contact with the criminal justice process are amongst the most vulnerable and disadvantaged in our society - the measure of a justice system is how it treats them. Our report does not diminish the need for intervention or protection of the public, and the conclusion is that criminalisation at such an early age is not an effective, proportionate or just response.’

Supporting the bar’s recommendation, Law Society president Mark Evans said: ‘This would be an important step towards aligning the system with evidence on child development and ensuring more effective responses to children who do wrong. We call on the government to accept this proposal as part of its youth justice reforms.’

The government committed to considering the bar’s report in its youth justice white paper but said any future decisions would have to be approached ‘with the utmost care’.