Unfitness to Plead Consultation Responses - Law Commission ...

o The UN Committee on the Rights of the Child has encouraged all
countries to increase the age of criminal responsibility to 12 as an
absolute minimum – a recommendation replicated in its most recent
Concluding Observations to the UK government on the implementation
of the UNCRC 1 , and the UK’s Joint Committee on Human Rights review
of that CRC report and government policy 2
o There is a considerable body of research to support the case that, the
earlier a child is drawn into the criminal justice system, the greater the
chance they will re-offend, and the greater the chance of their ending
up in custody
Inconsistencies in approaches to whether children are expected to understand, or
take full part in different proceedings in England and Wales are of note. For
example:
in judicial review and personal injury claims, a child under the
age of 18 does not have a right to begin proceedings unless
through a litigation friend who can inform the court of the best
interests of the child
in contrast, in the criminal justice system the overriding view is
that every child from the age of 10 upwards can deal with the
consequences of his/her actions
In summary, we believe it is time for the government to revisit this issue through
an independent review of the age of criminal responsibility in England and Wales,
which would also incorporate international comparisons of the different ages used in
European and other nations, and the ways in which the different jurisdictions
respond to and deal with problematic behaviour in children, as well as the outcomes
of these approaches and systems.
25 January 2011
Baroness Massey of Darwen
Chair, All Party Parliamentary Group for Children and officers of the APPGC
1 UN Committee on the Rights of the Child (2008) Consideration of reports submitted by States
Parties under Article 44 of the Convention – Concluding observations on the United Kingdom of Great
Britain and Northern Ireland.
2 Joint Committee on Human Rights (2008) Children’s rights: 25 th report of session 2008‐9. Para.61‐66
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