The Minimum Age of Criminal Responsibility: A Medico-Legal Perspective

Abstract

The minimum age of criminal responsibility is set in England and Wales at 10 years of age (Children and Young Persons Act 1963), whilst the effective age of most civil responsibilities is 16. Research allows us to consider the speed of development of key brain structures in terms of decision-making and this in turn aids in discussion of where the minimum age should be set. This article reviews the evolution of the minimum age of criminal responsibility and examines the setting of this age in light of both civil attainment ages and the current scientific understanding of brain development.