The Bar Council has called for the minimum age of criminal responsibility in England and Wales to be raised from 10 to 14, arguing that younger children should be diverted away from the criminal justice system and given greater support to address the causes of offending.
The recommendation comes in a new report, Reviewing the Minimum Age of Criminal Responsibility, published after a working group was established by Bar Council Chair Kirsty Brimelow KC. Speaking at the start of the year, Brimelow described children in the justice system as one of her priorities, questioning whether criminal prosecution is the best way to respond to offending by young children.
England and Wales currently has one of the lowest ages of criminal responsibility in Europe, with children able to be held criminally responsible from the age of 10.
The report argues that increasing the age would not leave dangerous behaviour unchecked. Instead, it recommends a greater emphasis on safeguarding, rehabilitation and early intervention through health, social care and family court systems, rather than criminal prosecution. While detention may still be necessary in some cases, the report says it should take place in settings focused on supporting children rather than punishing them.
The Bar Council points to official figures showing that very few younger children receive custodial sentences. In the year ending March 2025, only 233 children aged 10 to 12 entered the criminal justice system for the first time, with just one receiving an immediate custodial sentence. Of the 1,590 children aged between 10 and 14 found guilty of offences, only 22 were sentenced to immediate custody.
The report argues that growing evidence from psychology and neuroscience shows children aged 10 to 14 often lack the maturity needed to fully understand criminal proceedings or effectively exercise their legal rights. It also highlights the high prevalence of neurodiversity, learning disabilities and communication difficulties among children who come into contact with the justice system, making them more vulnerable during police interviews and court proceedings.
Researchers also found strong links between childhood adversity and offending behaviour. Many children in the justice system have experienced abuse, neglect, bereavement, traumatic brain injury or family violence. Those who have been in care are also heavily overrepresented, with around 65% of children in secure settings having spent time in local authority care despite representing less than 1% of the child population.
The report also highlights longstanding racial inequalities, noting that Black and other minoritised children experience poorer outcomes at every stage of the justice system, from stop and search through to sentencing and rehabilitation.
Drawing on research from around the world, the Bar Council concludes that exposing children to the criminal justice system at an early age can increase, rather than reduce, the likelihood of future offending. Raising the age of criminal responsibility to 14, it says, would reduce children’s exposure to the harms of criminalisation while improving long-term outcomes for both young people and society.
Kirsty Brimelow KC said: ‘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, and the conclusion is that criminalisation at such an early age is not an effective, proportionate or just response.’
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