Recommendation 10

HM Government Acknowledged

30. The Government does not have any current plans to either review or change the age of criminal responsibility. The Committee acknowledged that there are substantial arguments for the retention of the current minimum age of criminal responsibility in England and Wales. The Government believes that children aged 10 and over can differentiate between bad behaviour and serious wrongdoing, and that setting the age of criminal responsibility at 10 provides flexibility in dealing with children, allowing early intervention with the aim of preventing subsequent offending. 31. Our primary objective is to prevent young people offending in the first place and provide the police and courts with effective tools for tackling offending. Serious crimes committed by children are rare and we do not want to see younger children prosecuted for offences unnecessarily where a better alternative may be available. When considering the most appropriate response to offending by a young person, the age, maturity and needs of a child are always considered. Most younger children who enter the youth justice system are dealt with by way of an out-of-court disposal. No 10- or 11-year-olds have received a custodial sentence since 2010. 32. It is also important to ensure that serious offences can be prosecuted and the public protected. That is why there is a distinct and separate sentencing framework for children aged 10 to 17 which recognises that children have their own specific needs which require a different and more tailored approach. When sentencing, the courts must take into account two statutory considerations: the principal aim of the youth justice system, which is to prevent offending by children and young people, and the welfare of the child.