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The Bar Council has recommended increasing the minimum age of criminal responsibility in England and Wales from 10 to 14, arguing that the current threshold is inconsistent with contemporary understanding of child development and risks drawing vulnerable children unnecessarily into the criminal justice system.
The recommendation is contained in a new report, Reviewing the Minimum Age of Criminal Responsibility, published on 28 June, which concludes that criminalisation at an early age is neither an effective nor proportionate response to childhood offending behaviour.
England and Wales currently have one of the lowest ages of criminal responsibility in Europe, with the threshold remaining unchanged for six decades. The report was commissioned following the establishment of a Bar Council working group by its Chair, Kirsty Brimelow KC, who identified children in the justice system as a priority for 2026.
Brimelow said the report draws on evidence from developmental neuroscience, psychology and youth justice research to consider alternative approaches to responding to harmful behaviour by children. She argued that the focus should be on preventing children from becoming entrenched within the criminal justice system rather than emphasising punishment.
The Bar Council contends that children who come into contact with the justice system are among the most vulnerable in society and that early criminalisation can increase, rather than reduce, the likelihood of future offending. It points to research from a range of jurisdictions suggesting that exposure to criminal justice processes can alter a child's developmental trajectory and contribute to long-term involvement in offending behaviour.
The report stresses that increasing the minimum age of criminal responsibility would not remove mechanisms for managing risks posed by children. Instead, it advocates greater use of diversionary approaches and non-criminal interventions, including support delivered through social care, mental health services and family justice processes.
The report identifies the Mental Health Act 1983 and family court proceedings as two existing frameworks capable of authorising detention where necessary, while maintaining judicial oversight. It argues that, in most cases, children can be supported, safeguarded and rehabilitated without recourse to criminal sanctions or custodial measures.
Data cited in the report indicates that relatively small numbers of younger children enter the criminal justice system. In the year to March 2025, there were 233 first-time entrants aged between 10 and 12, while only one child in that age group received an immediate custodial sentence. Among the 1,590 children aged 10 to 14 found guilty of offences during the same period, 22 received sentences of immediate custody.
The Bar Council also raises concerns about children's ability to participate effectively in criminal proceedings. It highlights growing evidence that children aged 10 to 14 often lack adjudicative competence and may struggle to understand and exercise fundamental procedural rights. The report suggests that children with reduced intellectual functioning, learning disabilities, neurodevelopmental conditions and communication difficulties are disproportionately represented within the justice system and may be particularly vulnerable during police interviews and court proceedings.
Concerns are also expressed about the suitability of Crown Court environments for children, with the report citing the formality of proceedings, courtroom architecture, legal attire and publicity surrounding cases as barriers to meaningful participation. It further notes that safeguards routinely available in youth courts are not automatically extended to children appearing in the Crown Court.
The report highlights the relationship between childhood adversity and offending behaviour, pointing to evidence linking contact with the justice system to experiences such as abuse, family violence, bereavement, parental absence and traumatic brain injury. It also identifies disparities affecting Black and minoritised children, who it says experience poorer outcomes at every stage of the justice process.
Children with experience of the care system are also disproportionately represented within youth justice settings. The report notes that, despite accounting for less than 1% of the child population, children who have spent time in local authority care comprise around 65% of those held within the secure estate.
While recognising that existing out-of-court disposals could be improved, the Bar Council describes them as a sensible foundation upon which to build a more robust diversionary model. It concludes that raising the minimum age of criminal responsibility, alongside greater investment in services supporting children and families, would contribute to improved outcomes for children, reduce reoffending and enhance public safety in the longer term.
