The Bar Council of England and Wales has completed an expert review recommending that the minimum age of criminal responsibility be raised from 10 to 14.
Currently, England and Wales have the lowest age in Europe, a relic of Victorian-era attitudes that experts say harm children and fail to protect society.
Kirsty Brimelow KC, chair of the Bar Council, argues that bringing young children into the criminal justice system is counterproductive.
Data shows that two-thirds of young offenders reoffend, and 80% of adult persistent offenders first entered the system as children.
Children as young as 10 can be arrested and detained by police, subjected to the same initial detention periods as adults.
In the year to March 2024, 45% of arrested children were held overnight, with an average detention of 11.5 hours.
Research indicates that children struggle to engage with the cognitive demands of the legal process, raising concerns about the fairness of their convictions.
The Case of Dylan: A Life Under Sentence
One case illustrates the long-term impact.
Dylan, now in his 30s, was sentenced to detention for public protection (DPP) at age 13 for a bag-snatching incident.
He spent most of the next two decades under the shadow of that sentence, facing repeated recalls to prison for minor breaches, even without committing new offenses.
He was finally unconditionally released earlier this year, nearly 20 years after the sentence was imposed.
While new DPP sentences were abolished in 2012, many older ones remain in force.
The experience leaves a lasting stain on a child's future, even without a custodial sentence.
Disproportionate Impact on Vulnerable Groups
Children with disabilities, those from minority ethnic backgrounds, and those with social-care contact are overrepresented in the legal system.
Many have suffered trauma, including abuse, brain injuries, or bereavement.
Despite the low number of custodial sentences—only 22 out of 1,590 children aged 10-14 found guilty in the year to March 2025 received immediate custody—the process itself is damaging.
Alternatives to the criminal justice system, such as diversionary programs, are effective in reducing future crime and are a better use of public money.
Scientific evidence on adolescent brain development shows that young people are more capable of positive change, yet the law has not kept pace with this knowledge.
Protecting childhood and protecting society are not competing aims.
As Brimelow states, the measure of a justice system lies not in how early it punishes children but in how wisely it protects their future.
