Age of Criminal Responsibility

[mcgillianaire]

Law in Action is back for a new series on BBC Radio 4. In the first episode, Clive Coleman investigates the issues surrounding the age of criminal responsibility. Unlike most European countries, the age at which a child in the United Kingdom can be prosecuted and convicted of a criminal offence is significantly lower. It's 8 in Scotland and 10 in England, Wales and Northern Ireland.

Compare that with 14 in Germany, 15 in Scandinavia, 16 in Portugal & Spain, 17 in France and 18 in Belgium. Elsewhere it's 10 in Australia, 12 in Canada and 14 in New Zealand. In the US it varies. It's 6 in North Carolina, 7 in most states and 10 for federal crimes.

Last year there were 11,000+ prosecutions in the 10-13 age group and 107,000 in the 14-17 age group in England & Wales.

[Poll #1417007]

Comments

[drunkendeadcat.livejournal.com]

I'd set it at 18. It needs to all be one age anyway, it's mad how you can have a baby and a go on the lottery before you can go the pub

[kali-kali.livejournal.com]

I don't know if there can be a set age, really. People's maturity levels, and hence ability to judge their actions, can differ vastly. Though with the way kids act these days, I'd err on setting it lower (that is, around 9 or 10) than higher. Though any case involving a legal minor should have a mandatory evaluation by a psychologist, to see how mature and aware of their actions they are.

(I'll note that in Canada, where the Young Offenders Act comes into effect with age 12 [though I believe it was 13 in my day], kids just prior to that age will be joking around about that threshold. I clearly remember the days before my and my friends' 13th birthdays, where we were all "oh, last day to commit a crime without getting prosecuted!". I think the awareness of this indicates that the age was too high, and should be lowered.)

[mcgillianaire.livejournal.com]

Funny you should make that point because in the programme one of the people interviewed made the exact point about how informed kids are about the age of criminal responsibility. And even though there have been cases of murder (http://en.wikipedia.org/wiki/Murder_of_James_Bulger) involving children as young as 10, I'm also swayed by the argument that we should have a wholistic welfare response as opposed to an adversarial system for children below 18 or 15. One of the people interviewed from Norway explained why kids should not fall within the criminal justice system and I largely agreed with him. Scotland has a similar system in place and it would be worth looking into incorporating it into England & Wales.

There are also a lot of unnecessary cases filtering through the English courts including stealing a packet of skittles, being prosecuted for criminal damage by spitting inside a prison cell etc.

It also doesn't serve society when you slap convictions on teenagers whose future employment is affected, particularly if they want to work with children.