England and Wales also have a minimum age of criminal responsibility of 10 years, but in Scotland, the official age of prosecution was raised from 8 to 12 in 2009.
When countries outside of Europe are considered, England and Wales remains an outlier. Significantly, Liberal Democrat policy on this point is at odds with that of their Conservative partners. Conversely, where a child commits a ‘grave crime’, she/he becomes liable to the same penalties as adults, up to life imprisonment, six years before she/ he can make decisions about sexual behaviour.The core of the government's argument – that children aged ten know the difference between right and wrong – does have an intuitive appeal precisely because there is a sense in which it accords with experience. Government will not contemplate raising the age of criminal responsibility in England and Wales while the shadow of James Bulger looms large over any such discussion. Roger Smith is a member of the Labour Party, and a board member of Disc, a not for profit provider of social care services.Stephen Case does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.Undated police handout photo of Jon Venables, one of the killers of toddler James Bulger,Local people read about the release of the killers of James Bulger in the Liverpool Echo in 2001. The shadow of James Bulger looms large over any such discussion.
5 In the Republic of Ireland, the age has been raised to 12 for all but the most serious offences. In defending its decision to abolish the principle, the then Labour government contended that any suggestion that ten year olds did not understand the difference ‘between naughtiness and serious wrongdoing’ was ‘contrary to common sense’ (Home Office, 1997). Indeed, the similarity of responses, on this issue, either side of the election is striking.The current age of criminal responsibility was established in 1963 but, until 1998, the common law principle of doli incapax had afforded a degree of protection to children aged 10 to 14 years, by requiring the prosecution to show not only that the child had committed the act alleged, but also that he or she knew that the behaviour in question was seriously wrong, rather than just naughty or mischievous. The UN Committee on the Rights of Child has declared that an ACR of younger than 12 years is not internationally acceptable. Ministers are under pressure to raise the age of criminal responsibility in England and Wales after the Scottish parliament voted in favour of a new higher age … In Scotland a Bill has been raised to increase the age from 8 to 12, but there is resistance to change elsewhere in the UK. In her new book about the killing, James’ mother, Denise Fergus, talks about how she believes The Bulger case fed into a political, media and – as a result – public climate of opinion that young offenders were wicked, irresponsible, The case has continued to generate strong feelings and fervent debate about how the two offenders With the average age of criminal responsibility being 14, the UK is out of step with the rest of Europe. INTRODUCTION “The law must be sensitive to human development and social change.” - Lord Scarman, Gillick. | Open threadUnder long-standing laws in Scotland, children aged between eight and 12 could be referred to special hearings and given criminal records.Under long-standing laws in Scotland, children aged between eight and 12 could be referred to special hearings and given criminal records.Maree Todd, the Scottish children’s minister, said raising the age of criminal responsibility was a ‘radical, bold and ambitious reform’.
On neither occasion was any evidence provided in support of the assertions.Yet there is a growing acknowledgment, even within political circles, that the current age of criminal responsibility is unacceptably low. An age of criminal responsibility of 10 years is seen as arbitrary and not evidence-based. Such limitations impact on the ability of those in the younger age groups to engage in the kinds of hypothetical thinking and perspective taking that are constitutive of the sort of moral contemplation implied by the attribution of criminal responsibility. They cannot marry without parental permission until the age of 16, drive until 17 or vote in a general election until they are 18. In an unprecedented move, the Equality and Human Rights Commission (EHRC) has called on lawmakers to raise the age at which a child can be deemed responsible for committing a … On 17 January 2013, a private members Bill was introduced to Parliament, by Lord Dholakia, to increase the age of criminal responsibility to 12 years. Please consider making a donation if you have enjoyed an event, our bulletin, one of our publications or just want to help us to continue with our important work.Keep in touch with our work: Our bulletins are packed with wit, wisdom and more.Centre for Crime and Justice Studies, 2 Langley Lane, Vauxhall, London SW8 1GBRegistered Charity No 251588. “It is a radical, bold and ambitious reform which will introduce a significant cultural shift.
It is argued that securing immunity from prosecution should be the principal driver for raising the minimum age of criminal responsibility. [ 3 ] All children under this age are presumed to be doli incapax (incapable of committing a crime). “We welcome the current debate about raising the age of criminal responsibility taking place in the Scottish parliament.
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