Proposals to increase age of criminal responsibility would be 'disaster' and 'embolden' child offenders
Proposals to raise the age at which children can be held criminally responsible – as has been proposed by the Alliance Party – are wrong and would result in “disaster” down the road, an MLA has warned.
Currently, children below 10 years old cannot be prosecuted or held liable for any criminal acts – but when they are above this age, they can face the full force of the law, including being held in custody.
However, that could be raised to 14 if MLAs back a proposal by the Alliance Party, which may pass with the support of Sinn Fein and others in the assembly.
The DUP and TUV are opposed to any change – and the Ulster Unionist leader Jon Burrows has said the age should remain at 10.
However, the UUP’s justice spokesperson Doug Beattie has put forward a potential compromise amendment to raise the age to 12, given the Assembly could vote for 14.
TUV MLA Timothy Gaston said that changing a system which already works will result in “disaster” – and proposals from Alliance and “some elements of the UUP” are wrong.
DUP deputy leader Michelle McIlveen agreed the age should remain at 10, warning that proposals to raise it would “undermine victims and risk emboldening offending”.
Changing the age to 14 is supported by the Justice Minister Naomi Long and her party. They cite the UN Committee on the Rights of the Child’s recommendation that the minimum age for criminal responsibility (MACR) should be at least 14 years of age and preferably higher.
In October 2022, the Department of Justice held a public consultation to hear views on the proposal that the age should be raised to comply with this recommendation.
The DUP will oppose that – arguing that children aged 10 and above are capable of distinguishing between right and wrong and understanding the seriousness of criminal behaviour.
Ms McIlveen said: “Removing criminal responsibility from this age group would strip away an important layer of accountability that underpins public confidence in the justice system.
“It is important to recognise that maintaining the current age does not mean abandoning support for young people. Our justice system already takes a balanced, twin-track approach, combining accountability with diversion, rehabilitation and support. Retaining the age at 10 ensures that children can be held responsible where necessary, while still receiving the guidance and intervention they need to turn their lives around.
“Raising the age risks sending a dangerous message that criminal behaviour by 10 to 13-year-olds is less serious. That would not only undermine deterrence but could create more victims and reduce protections for those who suffer harm.
“We must also be mindful of the wider consequences. Such a change would impact policing powers, weaken safeguarding arrangements and potentially make it harder to manage serious or persistent offending among young people.
“Crucially, this debate cannot ignore victims. Any justice system must balance the needs of young offenders with the rights of victims and the wider community.
“The DUP believes the current framework is both fair and effective. It recognises the seriousness of offending and ensures young people are both held to account and given the opportunity to reform. That balance must be maintained.”
Mr Gaston has raised similar concerns, saying that nobody disputes that children should be treated differently from adults, and while prosecution is a last resort, some actions are so serious that they must carry serious consequences, even at a young age.
The North Antrim MLA said: “At present, children aged 10 to 13 can be dealt with by the courts where necessary. That does not mean harsh punishment. It means structured intervention, supervision, and – crucially – a clear recognition that serious harm has been done.
“Messing with that – as Alliance and some elements of the UUP are suggesting – is wrong.
“While there is significant confusion over what the UUP position is, the Alliance proposal is clear and spelt out in an amendment to the Justice Bill. It would restrict prosecution for under-14s to just murder, manslaughter, rape and assault by penetration.
“That means a child who commits attempted murder, arson endangering life, armed robbery, serious knife attacks, firearms offences or violent sexual assault without penetration could not be prosecuted at all.
“That is wrong.”
Mr Gaston said these are not theoretical scenarios, but offences that have occurred in the United Kingdom and, in some cases, here in Northern Ireland.