On the 28th June, The Bar Council of England and Wales launched its report reviewing the minimum age of criminal responsibility, recommending that the age in England and Wales be raised from 10 to 14.

We are pleased to note that Alison Moore of 1GC Family Law was a member of the expert working group, co-chaired by Kirsty Brimelow KC and Dominic Lewis.

The report brings together leading voices across law, academia and neuroscience, drawing on the latest evidence on child development and how young people engage with the criminal justice system. It highlights that early criminalisation can have harmful and lasting consequences, and concludes that raising the age threshold would better protect vulnerable children and improve outcomes for society.

Chair of the Bar, Kirsty Brimelow KC, 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 based on developmental neuroscience and psychology. We have analysed the available research and evidence to identify methods by which child offending… may be managed in ways that minimise, not aggravate, the risk of future harm.”

“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, but concludes that criminalisation at such an early age is not an effective, proportionate or just response.”

“Mechanisms that reduce the number of children brought into the criminal justice system, including diversion and raising the minimum age, are less likely to increase offending. In fact, diversionary approaches are more effective, reduce reoffending, and are both socially and financially beneficial.”

We are proud that a member of 1GC Family Law has contributed to this important work, helping to inform an evidence-based discussion on youth justice reform at a national level.