Robust action to deal with child offenders would serve justice more effectively

Barrow Cadbury Trust’s CEO, Sara Llewellin, has joined other social justice sector leaders to call on the government to raise the age of criminal responsibility.

Sara is a co-signatory of a letter to the Editor published in the Times Newspaper today.

The letter is a result of the findings by the Centre for Social Justice’s new report on Youth Justice, published today, which is the result of a two year inquiry.  The report also references the Barrow Cadbury Trust’s Transition to Adulthood (T2A) programme, and its project in West Mercia led by YSS.

The full text of the letter, and list of signatories, is:

Sir, At 10 years old the minimum age of criminal responsibility (MACR) in England and Wales is too low. It makes society less safe and delivers counter-productive outcomes for children. Its other fatal flaws are set out in today’s report, Rules of Engagement, from the Centre for Social Justice. It should be raised to at least 12.

Since the MACR was raised from 8 to 10 in 1963, a significant body of research has emerged indicating that early adolescence is a period of marked neurodevelopmental immaturity. During this time, children are deemed less responsible for their behaviour and have limited competence to participate in criminal justice proceedings.

This lack of competence significantly reduces the likelihood of determining the truth and achieving justice. Compelling evidence demonstrates that involving young children in the youth justice system can increase the likelihood of their future offending.

The above issues are distinct from the question of the age at which children understand the difference between right and wrong, a question on which the MACR debate often misguidedly centres. Most children can broadly differentiate between right and wrong, however their capacity to judge magnitudes is limited, especially if they have grown up in dysfunctional families and experienced abuse as many young offenders have.

The MACR is also peculiarly inconsistent with other aspects of the law in England and Wales, as well as being out of step with that of many western countries and the judgment of international human rights bodies.

Robust action, outside the youth justice system, to deal with child offenders aged 10 and 11 would serve justice more effectively and better prevent future crime.

Shami Chakrabarti, Director, Liberty
Chris Wright, Chief Executive, Catch 22
Lord Warner, House of Lords and first Chair, Youth Justice Board
The Earl of Listowel, House of Lords
Frances Crook, Chief Executive, the Howard League for Penal Reform
Shauneen Lambe, Just for Kids Law
Dr Eileen Vizard, CBE, FRCPsych, Sieff Trustee
Professor John Pitts, Director, Vauxhall Centre for the Study of Crime, University of Bedfordshire
Dr Charlie Alcock, Founder and Chief Executive, MAC-UK
Lord Dholakia, House of Lords
Desmond Hudson, Chief Executive, The Law Society (of England and Wales)
Baroness Deech, House of Lords
Lord Ramsbotham, House of Lords
Baroness Linklater, House of Lords
Baroness Stern, House of Lords
Dr Maggie Atkinson and Sue Berelowitz, Children’s Commissioner and Deputy Children’s Commissioner for England
Keith Towler, Children’s Commissioner for Wales
Tam Baillie, Children’s Commissioner for Scotland
Sir Louis Blom-Cooper, QC, Doughty Street Chambers
Sally O’Neill, QC, Furnival Chambers
Paul Mendelle, QC, 25 Bedford Row Chambers
Shan Nicholas, Interim Chief Executive, The Children’s Society
Professor Sir Andrew Ashworth, Vinerian Professor of English Law, All Souls College, Oxford
Professor Sue Bailey, Royal College of Psychiatrists
Richard Garside, Director, Centre for Crime and Justice Studies
Andrew Flanagan, Chief Executive, NSPCC
Camila Batmanghelidjh, Founder and Chief Executive, Kids Company
Andy Bell, Deputy Chief Executive, Centre for Mental Health
National Association of Youth Justice
Professor Sir Al Aynsley-Green, Professor Emeritus of Child Health, University College London
Sara Llewellin, Chief Executive, Barrow Cadbury Trust
Enver Solomon, Chair, Standing Committee for Youth Justice
Juliet Lyon, Director, Prison Reform Trust