A TV movie about a 12-year-old boy who stands trial for murder is topping the Netflix film charts, renewing questions about the age at which children should be legally responsible for their actions. First aired on the BBC in 2019, “Responsible Child” is loosely based on the real-life story of Jerome and Joshua Ellis, who were 14 and 23, respectively, when they killed their stepfather in 2013.
What is the age of responsibility in the UK? In England, Wales and Northern Ireland, the minimum age of criminal responsibility is 10 years old. Younger children cannot be arrested or charged with a crime, although they can be given a local child curfew, child safety order, or – in extreme cases – taken into care. In Scotland, the minimum age was raised to 12 in 2019.
Knowledge about how brains develop has increased since 1963, when when UK law first recognised a minimum age of criminal responsibility. In 2011, the UK’s national academy of sciences, the Royal Society, raised concerns from some neuroscientists that regions of the brain responsible for decision-making and impulse control do not fully mature until much later. Only Scotland has changed the age limit since then.
How are children handled differently? Government guidelines state that children in England and Wales aged between 10 and 17 “can be arrested and taken to court if they commit a crime”, but are still “treated differently from adults”. Most will have their cases heard in youth courts, with rules to protect their welfare and identity. A prison sentence is seen as a last resort, and incarceration is in a special secure centre for young people rather than an adult prison.
For very serious offences, cases can be heard by a crown court. Between 1995 and 2020, more than 7,000 children aged 10 to 14 are estimated to have been tried at crown courts in England and Wales.
How does the UK compare to other countries? The UN has repeatedly called for the age of criminal responsibility to be raised to at least 12 by all member nations, and 14 is the most common age around the world, according to the National Youth Justice Network. The current age of 10 in England and Wales is lower than in any other European country, while Portugal has the highest, at 16.
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