Is Our Approach to Youth Justice Failing Our Children?

Age of criminal responsibility in differing countries

In a developed world, ten years old is a shocking and sobering age of criminal responsibility. It's an age at which a child can be pulled into the Youth Justice system and then more likely the adult criminal justice system, a system from which it is incredibly difficult to escape. The long-term societal and human cost of this approach is immense and often irreversible, locking our most vulnerable children into a cycle of crime, drugs, and prison. This is the way we do things in the UK, but does it have to be this way?

The Developing Brain of a Child

At ten, a child’s brain is still in a critical stage of development. The prefrontal cortex, the area responsible for consequential thinking, impulse control, and decision-making, is far from fully formed. They are simply not equipped with the cognitive maturity to fully grasp the long-term impact of their actions. Punishing them as if they are miniature adults is not only ineffective but also deeply unfair. We are holding them to a standard of understanding and accountability that they are biologically incapable of meeting.

Lessons from Other Nations

Instead of perpetuating this cycle, we should be looking at more effective and humane solutions. There are valuable lessons to be learned from other nations that have chosen a different path. Countries like Finland (15), Denmark (14), and Spain (14), among others, have chosen higher ages of criminal responsibility.

This is not about letting young people off the hook; it's about recognising that a different approach is needed for children. These nations often focus on intervention, support, and rehabilitation outside of the formal justice system. The goal is to address the root causes of the behaviour rather than simply punishing the child, aiming for a restorative rather than a punitive outcome.

A Call for a Different Perspective within Youth Justice

We need to challenge our perspective and ask ourselves: are we doing enough to protect our children and our communities? By re-evaluating the age of criminal responsibility and recognising the science of brain development, we have an opportunity to prevent a lifetime of struggle for our most vulnerable.

A more compassionate approach would not only build a more just society but would also be a better investment in our collective future. By focusing on rehabilitation and support, we can help these children grow into productive adults, rather than seeing them as a problem to be locked away. It’s time to choose a path that is both smarter and kinder.