In 2011, almost 14 years ago, the Youth Justice Review was published. One of the review’s most significant recommendations was to raise the minimum age of criminal responsibility (MACR). Yet, since then, while other countries in Europe have taken steps to raise the age, in this jurisdiction we continue to lag behind with a low age of ten years old. This remains one of the lowest ages in the world.
Even in 2011, the need to raise the age was not something new. The UN Committee on the Rights of the Child (The Committee) commented on the low age of criminal responsibility in their concluding observations as far back as 1995, stating:
“…The low age of criminal responsibility and the national legislation relating to the administration of juvenile justice seem not to be compatible with the provisions of the Convention, namely articles 37 and 40.”
That’s thirty years ago.
Let that sink in.
Thirty years and yet the age remains unchanged.
A similar comment or recommendation has been included in every subsequent UK examination since, including in 2002, 2008, 2016 and 2023. Indeed, in 2008, when speaking in Belfast, the then Chair of The Committee, Professor Yanghee Lee, reiterated the recommendation, going further to state that 16 years old should be the target age for the UK and Ireland as developed democracies.
Growing Frustrations
The calls to raise the age did not cease once The Youth Justice Review published its recommendation in 2011. Key children’s rights and youth justice organisations, experts and academics have all consistently argued a compelling, evidence-based case. This has been backed up by successive NI Children’s Commissioners, leading psychiatrists, international experts and practitioners working in the field of youth justice.
In 2021, the Children’s Law Centre, Include Youth, NIACRO and VOYPIC commissioned a report by Professor Nicola Carr and Dr Siobhán McAllister to trace progress in implementing The Youth Justice Review recommendations. The report, Tracing the Review, was launched at an event in Stormont’s Parliament Buildings in November 2021 and stated:
“The recommendation to raise the MACR is one of the key elements of the Youth Justice Review that has remained unimplemented. Northern Ireland’s MACR of 10 years is one of the lowest in Europe and in clear contravention of children’s rights standards. The lack of political consensus on this issue has been identified as the key barrier to progressing this recommendation, with many noting that MACR is a ‘special issue’ in Northern Ireland. Our analysis suggests that the focus on early intervention and diversion appears to have softened the drive to implement Recommendation 29 and comply with international standards. This issue cannot, however, be side-lined or softened. The NI Executive have a duty to comply with UNCRC obligations and a public responsibility for the issue to be debated. Raising the MACR to an appropriate level, which the UN Committee on the Rights of the Child now state should be 16, will have an impact on all aspects of the system and remove significant numbers of children from the realm of youth justice.”
The launch of Tracing the Review seemed to spur some positive forward momentum, when the Department of Justice launched a public consultation on the minimum age of criminal responsibility soon after. A summary analysis of responses to the public consultation was published in June 2023. The response was overwhelmingly in support of raising the age, with 84% stating support.
Alongside established supporters, some new voices added their backing, growing the calls even further.
Yet, here we are entering into 2025 with a new Justice Bill making its way through the Northern Ireland Assembly, but no sign of the long standing recommendation to raise the age of criminal responsibility being properly considered as part of that.
Should we not be expecting more?
Do our children and young people not deserve more?
Thirty years of children being drawn into the criminal justice system when better alternatives are available is a lot of children’s lives that could’ve been improved for the better.
An Opportunity for Change
While it is clear there have been blockages in securing Executive agreement on raising the age, the Justice Bill represents an opportunity to finally bring us into line with other developed democracies. An amendment to the Bill would provide a chance to have an informed discussion on the floor of the House, to listen to the wide evidence base and to finally bring the issue to a vote.
There has been an international obligation to raise the age of criminal responsibility for over thirty years. In that time the evidence and support has only grown. To continue to duck the issue must be seen as failure across the board. But, most critically, it is failing children, young people and wider society.
The answer to a better youth justice system, improved outcomes for children at risk of coming into contact with the criminal justice system, a reduction in re-offending and a more financially sustainable system has been staring us all in the face for long enough. We need to expect action.
The Growing Campaign
Since the four organisations launched Tracing the Review, the support for change has grown. Some of those leading voices have already been highlighted in this blog series, from the NI Children’s Commissioner to psychiatrist Dr Phil Anderson. We now hope to bring you more voices over the next number of months. It is critical that we all take part in the conversation and focus it on the compelling case for change.
So, let’s collectively raise our expectations on what is possible over the coming months.
Let’s raise our voices for change.
Let’s raise children in a system that fully supports them.
Let’s raise the age.
About the Authors
Alicia Toal is Chief Executive at Voice of Young People in Care (VOYPIC)
Fiona Greene is Chief Executive at NIACRO
Paddy Kelly is Director at Children’s Law Centre
Paula Rodgers is Policy Co-ordinator at Include Youth