Select committee: Justice Committee
Conclusion 9
12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system
Published 12 Nov 2020
Paragraph 64
Addressed to Ministry of Justice
Justice Committee Children and young people in custody All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Conclusion (the committee's words)
The age of criminal responsibility in England and Wales is a contentious issue with substantial arguments in favour both of the status quo age of 10 and an increase in that age. We are not persuaded that it should be immediately increased, but given the arguments in favour of raising it and the fact that the age in England and Wales is lower than in broadly comparable countries, we consider there is a case for reviewing the age of criminal responsibility.
From: Justice Committee, 12th Report: Children and Young People in Custody (Part 1): Entry into the youth justice system (HC 306), paragraph 64, 12 November 2020
Government response
The government responded to the whole report on 10 February 2021 (deadline 12 January 2021).
Summary written by Accountability Index from the government's response. It is not the government's own words.The government welcomes the Committee's report and agrees that "more can be done" on multi-agency working and data on diversion, but declines to review the age of criminal responsibility or sentencing options for first-time offenders.
- On data and evaluation, it agrees "more can be done to collect data on diversion schemes"; the YJB has collected data on Community Resolutions and other informal outcomes since April 2020 and "will explore publishing" it once a full year of sufficient quality data is collated.
- It states it "does not have any current plans to either review or change the age of criminal responsibility", saying children aged 10 and over can tell bad behaviour from serious wrongdoing and that age 10 allows early intervention.
- On first-time offenders pleading guilty, it states it does "not consider that there is evidence to warrant a review of sentencing options", citing Referral Orders as an effective tool.
- On remand, it says a review of custodial remand for children is under way, with publication of the final report "now planned for spring 2021", and it accepts disproportionality in the system is a concern.