News Insight: Youth justice - Criminal age under fresh criticism

The debate about the age of criminal responsibility has been re-ignited after it emerged the Scottish Government is planning to raise the criminal age from eight to 12.

A spokesman for the Scottish Government says no decision has been made, but it is understood ministers realise the change is necessary to bring Scotland in line with other European countries. It follows a recommendation by the UN Committee on the Rights of the Child that the criminal age in Scotland should be "raised considerably".

However, there is no indication that Westminster will follow suit, despite renewed calls from children's rights campaigners for the criminal age to be raised above 10 in England, Wales and Northern Ireland.

"We believe children aged 10 and over can differentiate between bad behaviour and serious wrongdoing," says a Ministry of Justice spokeswoman. "We do not intend to raise the age of criminal responsibility - it is not in the interests of justice, the victims or the young people themselves to prevent serious offending being challenged."

Less tolerant

She adds that under-18s are only placed in custody as a "last resort". "Only three per cent of young offenders who are convicted receive a custodial sentence and the government has expanded the range of community sentences available."

The murder of toddler James Bulger by two 10-year-olds in 1993 made the public less tolerant of child crime. But Frances Crook, director of the Howard League for Penal Reform, says the international community finds it repugnant that the criminal age in England, Wales and Northern Ireland is as low as 10.

"Children are considered fully culpable for offences, yet they are not considered old enough to buy a pet or use fireworks," she says. "The system criminalises vulnerable children who would benefit from a wide range of social, family-based or other welfare interventions."

THE CASE FOR RAISING THE CRIMINAL AGE

Penelope Gibbs, director of the Prison Reform Trust's campaign to reduce the number of children and young people in custody

"The UK is a pariah state in Europe when it comes to youth justice. So said Baroness Stern, former head of crime reduction charity Nacro and long-term campaigner for children's rights.

One of the reasons why the UK has pariah status is our low age of criminal responsibility. It is now eight in Scotland and 10 in the rest of the UK. It is great news that Scotland is considering raising the age to 12 in response to advice from the UN.

The irony is that the age of criminal responsibility matters far more in England, Wales and Northern Ireland than it does in Scotland, yet there appear to be no similar moves to change policy. The vast majority of children under 16 who commit crimes north of the border are not treated as criminals. They appear before a panel of trained volunteers, which takes into account the child's welfare needs and recommends action rather than passing down a criminal sentence. The panel may recommend that a child be kept in a secure unit for a while, but they do not sentence to custody.

Harsh punishment

In the rest of the UK, a 10-year-old who commits a crime is assumed to be responsible for what they have done and thousands of children this young are prosecuted under a quasi-adult criminal process. In England and Wales, there is nothing to stop a 10-year-old being sentenced to custody for life. In November 2008, 37 children under 14 were in custody in England and the use of custody for 10- to 14-year-olds has increased by 550 per cent since 1996.

Attitudes to child crime hardened in England and Wales following the murder of James Bulger, but there is no evidence that our low age of criminal responsibility, nor our relatively harsh punishment of young offenders, has achieved what people want: a safer country.

Children who commit crimes need to understand the devastating effect of crime on victims and communities. Dangerous, disturbed young children may need to be in a safe place while they come to terms with their problems. But prosecuting, criminalising and imprisoning children under 14 is counterproductive. Once labelled a criminal, a child is more likely to become one.

At the moment, it seems nothing will prompt the Westminster government to consider raising the age of criminal responsibility. But if change in Scotland delivers better results at a fraction of the cost, then the case for reform elsewhere in the UK may become overwhelming."