Criminal Responsibility: Minimum Age

Oral Answers to Questions — Justice – in the Northern Ireland Assembly at 1:45 pm on 17 June 2024.

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Photo of Paula Bradshaw Paula Bradshaw Alliance 1:45, 17 June 2024

4. Ms Bradshaw asked the Minister of Justice for an update on her plans to increase the minimum age of criminal responsibility. (AQO 588/22-27)

Photo of Naomi Long Naomi Long Alliance

I have been very clear about my commitment to raising the minimum age of criminal responsibility (MACR) in Northern Ireland in order to bring us closer to meeting international standards, including those set by the UN Committee on the Rights of the Child (CRC). At 10 years of age, our current MACR is the lowest in Europe. In raising it, we are saying not that children's offending behaviour should be ignored but that children should not face the full force of the justice system.

In order to seek the views of the public on this important issue, I agreed to a consultation, which was carried out in 2022. It showed overwhelming support for an increase in the MACR, with over 83% of respondents agreeing that the age should be increased beyond 10 years. The Majority supported an increase to 14 years.

On the basis of the outcome of the consultation, my officials have developed an options paper. I intend to share it with my Executive colleagues to seek their views on my proposals. As any increase in the minimum age of criminal responsibility requires legislative change, it will not be possible for me to progress the matter in the absence of Executive approval.

Photo of Paula Bradshaw Paula Bradshaw Alliance

I thank the Minister for her answer. Will she please outline what the effect of increasing the minimum age will be?

Photo of Naomi Long Naomi Long Alliance

The effect will depend much on the agreed new minimum age, but it would affect only limited numbers of individuals, as few young children are currently dealt with through the formal justice system, thanks to the work of the Youth Justice Agency (YJA). If the MACR were to be raised to 12, for example, it would have affected a total of 63 children in 2022, as that was the number dealt with through the courts or diversionary measures. Only 12 of those cases were prosecuted at court, which is less than 1% of the number of children dealt with in that year.

Some may see that as a reason not to make a change, but, as well as meeting our international obligations, raising the minimum age of criminal responsibility would send out a clear message that young children who offend need support, guidance and help, not criminalisation and punishment. Were the MACR to be raised, it would be our intention to work with partners across other statutory, community and voluntary sectors to agree a framework through which children engaging in criminal or antisocial behaviour could receive multi-agency support in the community to address their behaviour and the underlying issues.

We know that contact, particularly early contact, with the justice system tends not to augur well for people's long-term life outcomes. The longer we can keep our young people out of the justice system and provide them with the support that they need, the better for everyone in society.

Minister

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majority

The term "majority" is used in two ways in Parliament. Firstly a Government cannot operate effectively unless it can command a majority in the House of Commons - a majority means winning more than 50% of the votes in a division. Should a Government fail to hold the confidence of the House, it has to hold a General Election. Secondly the term can also be used in an election, where it refers to the margin which the candidate with the most votes has over the candidate coming second. To win a seat a candidate need only have a majority of 1.