Age of Criminal Responsibility in England & Wales

: Are the Government Correct to Maintain the Current Age?

Abstract

This thesis aims to answer the question: is the Government correct to maintain the current age of criminal responsibility (ACR). To do this, it begins with an examination of the historical development of the ACR to determine why the ACR is set at the current age of ten. This is followed by a discussion of the media’s influence on children and the influence media portrayals of children who offend has on society. This is then followed by a jurisdictional comparison in particular with the Children’s Hearings Systems of Scotland and their recent change in ACR, the continued use of doli incapax in Australia and the way the ACR has developed in Ireland. The thesis then moves on to discuss the cognitive, moral and brain development of a child and adolescents. This is an important discussion towards the understanding of a child’s capacity to understand their actions. Following the topic of development and capacity, the thesis moves on to discuss how a child’s
capacity is assessed in other areas of law – namely medical law, family law and the considerations of fitness to plead. The thesis concludes with an examination of alternative methods for dealing with children who offend and proposing a new capacity defence for children who find themselves on trial.

Date of Award	2024
Original language	English
Awarding Institution	Aberystwyth University
Supervisor	Olaoluwa Olusanya (Supervisor), Glenys Williams (Supervisor) & Kathy Hampson (Supervisor)