The government’s first major review of criminal courts for children in more than three decades has fuelled the debate about whether the age of criminal responsibility in England and Wales should be raised. 

Professor David Ormerod has been appointed by the Ministry of Justice to carry out an independent review of the youth court system, examining whether it continues to meet the needs of children, victims and wider society overall. His findings are expected by August 2027. 

Although the review is not specifically examining the age of criminal responsibility, its launch comes as pressure grows to reconsider one of the most debated aspects of youth justice. Children in England and Wales can currently be arrested, charged and prosecuted from the age of 10, which is one of the lowest thresholds in Europe. 

The issue has moved back up the legal agenda following this month's Bar Council report calling for the minimum age to increase to 14. The report argues that growing evidence around child development and decision making has strengthened the case for reform. Ministers have said its recommendations will be considered alongside wider work on the youth justice system. 

Rather than focusing on a single policy, Ormerod’s review will take a broader look at the role of criminal courts for children. It will consider whether the current system supports rehabilitation, how young defendants experience court proceedings and whether the legal framework properly reflects the differences between children and adults. The review will also look at approaches taken in other jurisdictions and examine whether changes to sentencing or court processes are needed. 

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The terms of reference suggest the youth court has struggled to keep up to pace with changing patterns of offending. While fewer children now appear before the courts than in the early 1990s, those who do are more likely to be accused of serious offences and often have additional needs. The review will also explore why some groups of children, including those from ethnic minority backgrounds, young people with special educational needs and those with experience of care, continue to be overrepresented in the justice system. 

Alongside the review, ministers are pressing ahead with other reforms, including pilots of intensive supervision courts for children and specialist training for lawyers representing young defendants. The government says the measures are intended to improve outcomes for children while maintaining public confidence in the justice system. 

Whether the review ultimately leads to changes in the age of criminal responsibility remains uncertain. However, its findings are expected to shape the next phase of youth justice reform with campaigners on both sides of the debate likely to view it as an opportunity to reconsider how England and Wales responds when children end up coming into contact with the criminal law.