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Should the age of criminal responsibility be lowered?

Supporters say children who commit serious crimes must face the law. Opponents say young children need care, not courts.

A judge's gavel resting on a wooden block
weiss_paarz_photos · CC BY-SA 2.0
Motion: This House would lower the age of criminal responsibility5 Pro · 5 Con · 29 sourcesEditor review: pending

Introduction

The age of criminal responsibility is the youngest age at which a child can be charged with a crime and punished by a court. A younger child who causes harm is dealt with by parents, schools or child welfare services instead. Around the world the age ranges from about seven or eight to 16.42 The global median is 14.1

The idea is old, but the numbers keep moving. England and Wales raised its age from eight to 10 in 1963, and until 1998 its law presumed that children under 14 could not tell serious right from wrong.4 In 2019 the UN Committee on the Rights of the Child urged every country to set the age at 14 or higher.2

One case still shapes the British debate. In February 1993, two 10-year-old boys, Jon Venables and Robert Thompson, took two-year-old James Bulger from a shopping centre in Bootle, near Liverpool, and murdered him. They were convicted of murder in November 1993.5 England's age is still 10. In January 2026 a justice minister told the House of Lords that “Setting the age of criminal responsibility at 10 allows the justice system to intervene early with some children.”6

Other countries are lowering their ages. In Sweden, 93 children under 15 were suspected of murder, attempted murder or aiding a murder in the first half of 2024, about three times as many as a year earlier, as gangs recruited children online as hitmen.7 In August 2026 Sweden's parliament voted 281 to 66 to lower the age from 15 to 14.8 China lowered its age from 14 to 12 for the most serious killings in 2021,23 after a 13-year-old in Dalian who killed a 10-year-old girl could not be prosecuted.24

Others are going the opposite way. Scotland raised its age from eight to 12 in a law passed by 123 votes to none in 2019.15 The Australian Capital Territory raised its age to 14 from July 2025.13 Yet Australia's Northern Territory, which had raised its age to 12, cut it back to 10 in October 2024. Its Chief Minister, Lia Finocchiaro, said: “No 10 or 11-year-old is born a criminal.”12

The United States has no single national age. As of 2021, 27 states set no minimum age at all for prosecuting children in juvenile court, and North Carolina's minimum was six.18 In 2019, police in Orlando, Florida, arrested six-year-old Kaia Rolle at school after a tantrum, binding her wrists with zip ties. The charge was dropped, and Florida now bans arresting children under seven except for forcible felonies.1920

The fault lines are clear. Supporters of a lower age say serious crimes need serious consequences, and that adults are exploiting children precisely because they cannot be charged. Opponents point to brain science: the UN Committee says children aged 12 to 13 are “unlikely to understand the impact of their actions or to comprehend criminal proceedings.”3 They also warn that early contact with courts can make children more likely, not less likely, to offend again.

Key terms

Age of criminal responsibility
The youngest age at which a child can be charged with a crime, tried and punished by a court.
Doli incapax
Latin for “incapable of crime.” A legal rule that presumes young children cannot tell serious right from wrong unless the prosecution proves they can. England and Wales abolished it in 1998.
Juvenile or youth court
A court that deals only with young people, usually with more privacy and a focus on rehabilitation rather than punishment.
Diversion
Handling a young offender outside the court system, for example through warnings, family support or community programs.
Children's hearing
Scotland's system for children in trouble, where a panel of trained volunteers decides what care or supervision a child needs.
Recidivism
Committing another crime after being caught or punished for an earlier one. Also called reoffending.
Deterrence
Preventing crime because people fear the punishment.
Serious-crime exception
A rule that lets children below the normal age be charged, but only for the gravest crimes, such as murder.

Pros and cons at a glance

Pro: lower it

    Con: keep it or raise it

      Pro arguments

      Con arguments

      Key clashes

      Most debates on this motion are won or lost on these four questions.

      1Can a young child really be guilty of a crime?

      A question about what children understand. Science informs it but does not settle it.

      Pro saysMost 10- to 13-year-olds know that killing or hurting people is wrong. The boys who killed James Bulger were 10, and they were tried and convicted of murder.5
      Con saysKnowing a rule is not the same as having adult self-control. The brain areas for planning and impulse control keep developing into late adolescence.27

      2Deterrence: does a lower age prevent crime?

      Both sides make claims about how children and gangs will react.

      Pro saysGangs recruit under-15s because they cannot be charged. Closing that gap removes the reason to use them.7
      Con saysWhen Denmark tried it, crime among 14-year-olds did not fall, and the children who went through court reoffended more.28

      3Help or harm: what does contact with the courts do to a child?

      Both sides say they want to stop children becoming lifelong offenders.

      Pro saysThe justice system can step in early, with supervision and programs, before a child's behaviour gets worse.126
      Con saysA review of 27 studies found that children processed by courts did no better, and if anything slightly worse, than children diverted away from them.29

      4Who should decide: global standards or local voters?

      A question about democracy and international law.

      Pro saysEach country faces its own crime problems. Sweden's change passed 281 to 66, with votes from the opposition Social Democrats too.8
      Con saysThe UN Committee on the Rights of the Child says the age should be at least 14 and never be cut where it is already higher.2

      Around the world

      The global picture: ages range from about seven or eight to 16, and the global median is 14.41

      The UK: England and Wales sets the age at 10.4 Scotland raised its age from eight to 12, in force since December 2021.16

      Lowering: Sweden cut its age from 15 to 14 in 2026.8 China allows 12- and 13-year-olds to be charged for the gravest killings since 2021.22 In the Philippines, the House of Representatives voted in 2019 to lower the age from 15 to 12, after first proposing nine.26

      Australia: the states and territories disagree. The Northern Territory lowered its age to 10 in 2024, while the Australian Capital Territory raised its age to 14 in 2025.1113

      The US: as of 2021, 27 states set no minimum age for juvenile court, and the states that do set one chose ages from 6 to 12.18

      Debate tip: comparing countries helps both sides. Pro can point to Sweden and China responding to real crimes; Con can point to the UN standard and to places like Scotland that raised the age without disaster.

      Discussion questions

      For class or club discussion. There are no right answers; ask for reasons and evidence.

      1. Should the age of criminal responsibility be lowered? Explain your answer using at least one argument from each side.
      2. At what age do you think most children understand that a serious crime is wrong? Is understanding enough to make them responsible?
      3. Should a country have one age for all crimes, or a lower age only for the most serious ones, such as murder?
      4. If gangs use children who cannot be charged, is the answer to charge the children or to punish the adults who recruit them?
      5. Why might countries with similar values, like Sweden and Scotland, move their ages in opposite directions?

      Sources

      1. UNICEF Australia, “UNICEF Australia welcomes first jurisdiction to raise criminal age to 14,” July 2, 2025. LinkUN agency, national committee
      2. Vanessa Bliecke, “Too young to be a criminal,” Völkerrechtsblog, April 13, 2023, on UN Committee on the Rights of the Child, General Comment No. 24 (2019). LinkLegal analysis
      3. Northern Ireland Human Rights Commission, “NIHRC welcomes the Department of Justice consultation on raising the minimum age of criminal responsibility,” January 6, 2023, quoting UN General Comment No. 24, CRC/C/GC/24, paragraph 22. LinkHuman rights commission
      4. House of Commons Library, “The age of criminal responsibility,” Briefing Paper 7687, August 15, 2016. LinkParliamentary research
      5. ITV News, “Timeline of events following abduction of James Bulger,” July 4, 2013. LinkNews report
      6. House of Lords debate, “Age of Criminal Responsibility,” January 21, 2026, statements by Baroness Levitt, Ministry of Justice. LinkParliamentary record
      7. Reuters, “Sweden to lower age of criminal responsibility as gangs use children as hitmen,” via The Business Standard, September 10, 2025. LinkNews report
      8. Euronews, “Swedish lawmakers cut age of criminal responsibility to 14 ahead of general election,” August 13, 2026. LinkNews report
      9. Elisabeth Braw, column on teenage gang killings in Sweden, Foreign Policy, September 17, 2024. LinkMagazine analysis
      10. Jonatan Saldner, Erikshjälpen, “14-year-olds can now be sentenced to prison in Sweden,” August 2026. LinkOpinion, children's charity
      11. “Children will be scarred and traumatised for life: NT lowers age of criminal responsibility to 10,” National Indigenous Times, October 18, 2024. LinkNews report
      12. “Northern Territory lowers age of criminal responsibility back to 10 years of age,” bdtimes.com.au, October 18, 2024. LinkNews report
      13. Australian Associated Press, “Australian-first move to raise criminal age welcomed.” LinkNews report
      14. Australian Associated Press, “Majority of children in detention are Indigenous boys,” reporting the Australian Institute of Health and Welfare's Youth detention population in Australia 2024. LinkGovernment data, via news agency
      15. Scottish Parliament, “Age of Criminal Responsibility (Scotland) Bill,” bill page, passed May 7, 2019. LinkLegislature
      16. The Age of Criminal Responsibility (Scotland) Act 2019 (Commencement No. 4) Regulations 2021, SSI 2021/449. LinkLegislation
      17. Office of Juvenile Justice and Delinquency Prevention, US Department of Justice, “Age Boundaries of the Juvenile Justice System.” LinkGovernment report
      18. National Governors Association, “Age Boundaries in Juvenile Justice Systems,” August 12, 2021. LinkPolicy organisation
      19. Cheryl Corley, NPR, “In some states, your 6-year-old child can be arrested. Advocates want that changed,” via GBH, May 2, 2022. LinkNews report
      20. Jerry Askin, “Arresting children under 7 is banned in Florida. A family wants to raise it to 14,” WKMG News 6, September 18, 2023. LinkNews report
      21. Meredith Deliso, “Prosecutor won't charge 6-year-old accused of shooting teacher,” ABC News, March 9, 2023. LinkNews report
      22. “China lowers age of criminal responsibility to 12 from 14,” South China Morning Post. LinkNews report
      23. NPC Observer, “NPCSC passes new Criminal Law Amendment, revises National Defense Law, Juvenile Delinquency Prevention Law,” December 2020. LinkLegislative tracker
      24. Caixin Global, “Photo Essay: Rise in Teen Violence in China Rekindles Pain for Parents of Slain Daughter,” May 23, 2024. LinkNews report
      25. Al Jazeera, “China court hands schoolboy a life sentence for murder,” December 30, 2024. LinkNews report
      26. Pathricia Ann V. Roxas, “Amid public anger, House relents on criminalizing 9-yr-olds,” Philippine Daily Inquirer, January 2019. LinkNews report
      27. Laurence Steinberg and Elizabeth S. Scott, “Less Guilty by Reason of Adolescence,” American Psychologist 58, no. 12 (2003): 1009–1018. LinkPeer-reviewed research
      28. Aarhus BSS, Aarhus University, “Lowering the minimum age of criminal responsibility has no deterrent effects,” on the study by Anna Piil Damm, Britt Østergaard Larsen, Helena Skyt Nielsen and Marianne Simonsen, 2017. LinkUniversity research
      29. CrimeSolutions, National Institute of Justice, “Formal System Processing of Juveniles,” rated practice, based on Anthony Petrosino and colleagues, Campbell Collaboration review, 2010. LinkGovernment research review

      Arguments marked “Evidence needed” are waiting for a source before this guide goes live.

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