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YOUNG OFFENDERS

What is the age of criminal responsibility in England, Wales and Scotland?

WHAT to do with children who commit crimes is a controversial subject as some argue they are not mature enough to be held responsible.

The age of criminal responsibility in Britain is among the lowest in the world. Here's what you need to know.

 Jon Venables was ten years old when he was tried for the torture and murder of two-year-old James Bulger
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Jon Venables was ten years old when he was tried for the torture and murder of two-year-old James Bulger

What is the age of criminal responsibility in Britain?

The age of criminal responsibility is the minimum age when a child can be prosecuted and punished for a crime.

In essence, it is the age when children are deemed to be mature enough to know right from wrong.

It is linked to the legal concept of doli incapax, which means the lack of ability to form criminal intent.

The age of criminal responsibility in England, Wales and Northern Ireland is ten.

This means children under ten are considered incapable of committing a crime.

Although they cannot be prosecuted they can face actions such as

Children of ten or over are normally dealt with by special youth courts but they can face adult crown courts in serious cases.

In 1993 James Bulger's killers Jon Venables and Robert Thompson were tried as adults despite being just ten years old.

Different rules apply in Scotland.

The age of criminal responsibility there is officially eight, but government rules say children under 12 will not be prosecuted.

Children aged eight to 11 can be referred to a social worker and a children’s hearing - a legal procedure that can lead to a criminal record.

In March 2018 a bill was introduced to the Scottish parliament that would raise the age criminal responsibility to 12.

 Robert Thompson and Jon Venables were Britain's youngest killers for 250 years
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Robert Thompson and Jon Venables were Britain's youngest killers for 250 yearsCredit: BWP Media

How does the UK compare with other countries?

The UN and other groups have said the age should be raised to at least 12, the internationally recognised minimum, but the governments in Westminster and Stormont have resisted.

Here's how we compare:

USA: in 33 states there is no minimum age, but there is usually a capacity test; for federal crimes the minimum age is 11.

Thailand, Singapore, Kuwait, Burma: seven.

Australia, South Africa: ten, but children under 14 are presumed incapable and prosecutors must prove they knew their actions were seriously wrong.

New Zealand: children aged ten and 11 can be charged with murder and manslaughter; aged 12 and 13 they can be charged with offences carrying a maximum penalty of 14 years or more.

Ireland: age of criminal responsibility was raised in 2006 from seven to 12; but children aged ten and 11 can be charged with murder, manslaughter, rape or aggravated sexual assault.

Holland, Belgium, Canada, Egypt, Turkey, Brazil: 12

France, Algeria: 13

Germany, Spain, Albania, Vietnam, Russia, China, North Korea: 14

Denmark, Sweden, Norway, Finland, Iceland: 15

Argentina, Cuba, Portugal: 16

Uruguay, Ecuador, Colombia: 18

How old do you have to be to go to prison in the UK?

Children given custodial sentences - which only happens in the most serious cases - do not go to jail.

They are sent to secure children's homes, which are designed to house offenders under 18 with specially trained staff.

Over the age of 18, offenders are treated as adults but they do not go to a normal adult prison.

Instead they are sent to a young offenders institute, meant for people aged 18 to 25.

Immaturity is a mitigating factor when it comes to sentencing and judges are less likely to send young people to jail than older adults who commit the same offence.

Venables and Thompson served eighth years in custody and were given new identities on their release in 2001.

James Bulger's dad and uncle are fighting to have the anonymity order protecting Venables overturned.

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