What is the age of criminal responsibility?
DEFINITION
Age of Criminal Responsibility
The minimum age that a person can be held legally responsible for a crime under the criminal justice system.
In England, the age of criminal responsibility is 10 years old. This means that children between the ages of 10-17 can be arrested by the Police and can be charged and convicted with a criminal offence.
Can children under the age of 10 be charged with a criminal offence?
If a child under the age of 10 breaks the law, they cannot be charged or convicted of a criminal offence under UK law. However, they may instead be given:
- A Local Child Curfew. This is a measure where the child can be prohibited from being in public places during certain hours, typically between 9pm-6am, without being accompanied by an adult.
- A Child Safety Order. This is a court order aimed at addressing antisocial or disruptive behaviour. The order places the child under the supervision of a responsible officer, usually from either social services or a youth justice service and can include requirements for the child to agree to.
In the case that a child under the age of 10 repeatedly breaks the law, they may be taken into care, or their parents may be held responsible.
How are children treated differently than adults under the criminal justice system?
The approach to children who have been charged or convicted of a criminal offence differs significantly from that of adults. Children are held to different standards due to their age and maturity levels and will typically receive less severe penalties:
- Most children will have their cases heard in the Youth Court, which has specific rules in place to safeguard the child’s welfare and maintain anonymity. Only the most serious cases may be transferred to the Crown Court if necessary.
- The sentences imposed on children are less severe, with imprisonment only being imposed as a last resort for the most serious offences. Youth sentences also include out-of-court disposals for minor offences, which avoid court involvement.
- The Youth Justice System employs a ‘Child First’ approach which works to prevent the offending and re-offending of children.
What does ‘Child First’ approach mean?
The principle of ‘Child First’ is to avoid the criminalisation of children by treating children within the youth justice system as children rather than offenders. The aim is to treat children fairly and to help them make a constructive contribution to society. The overall goal of ‘Child First’ is to prevent offending and create safer communities with fewer victims.
What to do if a child has been arrested?
If you’re a child that has been arrested or if your child has been arrested, it is vital that you seek out a specialist Youth Justice solicitor as soon as possible
At Lawtons, we have a team of Youth specialists who are experienced in youth criminal proceedings and best practices when representing youth clients. To talk to a member of our specialist team and discuss your next steps, call us on 0333 577 0522 or visit our enquiries page.
FAQs about Criminal Responsibility
What is the Youth Court?
Does a criminal record stay with a child forever?
Can a child be sentenced to prison?
