The Bar Council of England and Wales has recommended raising the minimum age of criminal responsibility from 10 to 14, describing the current system as a "Dickensian delusion" that harms children and fails to protect society.
Current system criticised as outdated
Kirsty Brimelow KC, chair of the Bar Council, argues that society has not moved on since the 1800s, when Charles Dickens highlighted the unfair treatment of children. She notes that England and Wales are outliers in Europe for prosecuting young children.
Under current law, a child aged 10 can be arrested and detained by police, experiencing the same process as an adult suspect. In the year to March 2024, 45% of arrested children were detained overnight, with an average detention of about 11.5 hours.
Case study: Dylan's 20-year ordeal
Brimelow cites the case of Dylan (not his real name), who was sentenced at age 13 for a minor robbery. He received a detention for public protection (DPP) sentence, the child equivalent of the flawed IPP sentence. Dylan spent most of the next two decades under its shadow, facing multiple recalls to prison for non-criminal breaches. He was unconditionally released in 2024, nearly 20 years later.
Reoffending rates and overrepresentation
Home Office data shows that two-thirds of young offenders reoffend, and 80% of adult persistent offenders first entered the justice system as children. Children with disabilities and from minority ethnic backgrounds are overrepresented, as are those with social-care contact. Many have suffered childhood trauma including abuse, brain injuries, or bereavement.
Low custody rates but high system impact
In the year to March 2025, 1,590 children aged 10-14 were found guilty, but only 22 received immediate custody. Among 233 first-time entrants aged 10-12, only one was sentenced to immediate custody. Brimelow argues that by the time a court decides custody is unnecessary, the child has already been harmed by the criminal justice process.
Scientific evidence supports raising the age
Brimelow points to neuroscience showing that adolescent brains have heightened neuroplasticity, making them more vulnerable to negative influences but also more capable of positive change. She argues the law should reflect this knowledge. Diversionary programmes reduce future crime and are cost-effective, she says.
"Protecting childhood and protecting society are not competing aims. In the long term, they are the same endeavour," Brimelow concludes.
