FAQs: Criminal responsibility

What is criminal responsibility?

When the term ‘criminal responsibility’ is used, it is to refer to the age at which people are to be held responsible for the crimes they commit. Each country sets the age of criminal responsibility at the level they believe is appropriate, whether on scientific, criminological, sociological, anthropological, moral or other bases.

What is the age of criminal responsibility in the UK?

The age of criminal responsibility in the UK is 10 years of age. This is one of the lowest ages of criminal responsibility in the world. Other countries have an age of criminal responsibility ranging from 14 to 18 years of age. There have recently been renewed calls to raise the age of criminal responsibility to at least 12 years of age.

What is the legal process for prosecuting young offenders?

When the police and Crown Prosecution Service decide whether to prosecute a young offender, there are special factors they must give consideration to under the law. The Code for Crown Prosecutors states that Crown Prosecutors must consider the interests of a youth, amongst other public interest factors, when deciding whether a prosecution is needed. Section 44 of the Children and Young Persons Act 1933 requires the courts to have regard to the welfare of a young person. And section 37 of the Crime and Disorder Act 1998 requires the principal aim of agencies involved in the youth justice system to be the prevention of re-offending.

Is there a separate court for young offenders?

The magistrate’s court has a separate division known as the youth court which deals with young people aged between 10 and 17 years who have committed criminal offences. Three specially-trained magistrates hear the case. If a young person is charged with a very serious offence the matter may instead be heard at the Crown Court. The systems for dealing with young offenders are slightly different in Scotland and Northern Ireland.

How is a young offender punished?

Young offenders are often given community service orders. However, for serious crimes, young offenders may be given a custodial sentence. Young offenders will not be sent to normal adult prisons – there are special secure centres for young offenders. There are three different types of custody for young offenders:

Young offender institutions
Secure training centres
Secure children’s homes

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