Unfitness to Plead Consultation Responses - Law Commission ...

of the European Court of Human Rights in SC v UK (2005) 40 E.H.R.R. 10, at [2005]
Crim LR 132:
what is absolutely clear is that the Strasbourg approach is to give far greater emphasis to the
principle of effective participation than the English courts have tended to do….. In most other
European countries it would not be possible to prosecute a child of 11, and it is no surprise that
the European Court of Human Rights insists on high standards for effective participation and on
special arrangements if such cases do go ahead.
For a recent review, see Davies, Z. and McMahon, W. (eds), Debating Youth Justice:
from punishment to problem solving ? (Centre for Crime and Justice Studies 2007,
freely available on the net) which argues that the age of criminal responsibility should
be raised to 14 with civil childcare proceedings used for children below that age who
need compulsory measures of care. The Law Commission more cautiously suggest
that “in particular, there may be sound policy reasons for looking afresh at the age of
criminal responsibility (at para 8.57). Indeed.
Conclusion
An area in which much light needs to be shone. Well done the Law Commission for
grasping the nettle!
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