Under UK law, the age of criminal responsibility allows children as young as 10 to be arrested, charged, and placed on trial – a reality that has shocked legal experts, child-rights charities and neuroscientists alike.

Now, some of the most senior judges in England and Wales are calling for urgent reform – warning that the current law is outdated, harmful and out of step with modern science.

At the centre of this growing legal debate is a proposal to raise the age of criminal responsibility in the UK from 10 to 14. Here’s what it means, why it matters and how it could reshape the youth justice system.

Why Is the Age of Criminal Responsibility in the UK Under Fire?

England and Wales currently share the lowest age of criminal responsibility in Europe, alongside Switzerland. Children can be:

• Investigated by police
• Charged with criminal offences
• Put on trial in youth courts
• Given a lifelong criminal record

This has sparked intense criticism from legal professionals and international bodies.

Senior Judges Lead the Call for Reform

The amendment to the Crime and Policing Bill has been signed by Lady Hale, former President of the Supreme Court and Lady Butler-Sloss, once the most senior female judge in England and Wales.

Their position is clear: children of 10 lack the cognitive development needed to understand criminal responsibility.

The Science Behind Raising the Age to 14

Modern neuroscience has played a major role in this debate. Research consistently shows:

• The prefrontal cortex (decision-making centre) is underdeveloped at age 10
• Children struggle with impulse control and long-term consequences
• Young defendants often cannot engage meaningfully in legal proceedings

Charities argue that prosecuting children at such a young age is scientifically indefensible.

Fiona Rutherford, CEO of the charity Justice, described the current system as “cruel and irrational”, stating it ignores decades of evidence on child brain development.

How Other Countries Handle Child Criminal Responsibility

Most European nations set the minimum age much higher:

• Germany: 14
• Spain: 14
• Italy: 14
• Scotland: Raised from 8 to 12 in 2021

Even countries frequently criticised for human rights violations – including Afghanistan, North Korea and Russia – have higher ages of criminal responsibility than England and Wales.

The United Nations has repeatedly urged the UK to raise the age of criminal responsibility to at least 14.

How Many Children Are Affected?

According to official figures:

• Around 3,400 children aged 10-14 were cautioned or sentenced in the year to March 2024
• Many face long-term consequences affecting education, employment and mental health

While some children are diverted away from court, the legal power to prosecute remains, creating lasting harm even when prison is avoided.

Why the Government Is Resisting Change

The Ministry of Justice has confirmed it will oppose the amendment, stating that:

• Youth courts already treat children differently from adults
• Early intervention helps prevent serious future crimes
• The system allows support, rehabilitation and diversion

However, critics argue that criminalisation is not the same as intervention and that welfare-based responses would be more effective.

The Shadow of the James Bulger Case

The age was lowered to 10 in 1998 following public outrage over the murder of James Bulger by two 10-year-old boys.

While the case remains deeply emotive, legal experts warn against allowing exceptional tragedies to define laws affecting thousands of children decades later.

What This Means for Families

From a criminal defence standpoint, prosecuting children so young raises serious concerns:

• Risk of unsafe convictions
• Inability to instruct solicitors properly
• Long-term stigma and criminal records
• Increased likelihood of reoffending

At Newgate Solicitors, we regularly see how early criminalisation damages young lives rather than rehabilitating them.

If your child is under investigation or has been arrested, early legal advice is critical.

Contact Newgate Solicitors today to speak with experienced criminal defence solicitors who specialise in youth cases and safeguarding-led outcomes.

What Happens Next?

If the amendment passes:

• The age of criminal responsibility UK would rise to 14
• Children under 14 would receive welfare-led interventions, not prosecution
• England and Wales would align with international standards

If rejected, legal challenges and international pressure are likely to continue.

Frequently Asked Questions