Prosecuting children as young as 10 in North puts them at risk, Amnesty warns

Prosecuting and detaining children as young as 10 years of age is putting them “at risk”, a human rights organisation has warned amid calls to raise the age of criminal responsibility in Northern Ireland.

Amnesty International also said bringing under-15s before the courts “entrenches” them in the criminal legal system and increases the likelihood of reoffending.

The body is among more than 450 respondents to a Stormont Department of Justice (DoJ) public consultation, which is recommending that the minimum age for prosecution is increased to 14.

Launched in October by former minister for justice Naomi Long – who highlighted the “negative long-term impact” of early contact with the youth justice system – the consultation closed two days before Christmas.

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However, any change to current legislation will “require the approval of a future Executive”, a DoJ spokeswoman told The Irish Times.

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The North currently has one of the lowest ages in Europe at which a child can be criminally prosecuted, at 10 years. In the Republic, it is 12.

Patrick Corrigan, Amnesty’s NI director, expressed frustration about delays to changing the “draconian” sanctions due to the political stalemate.

“This has been in discussion for 10 years or more with the Department of Justice and beyond,” he told The Irish Times.

“We will need an Assembly restored and we will need a minister for justice to bring this forward. The last number of ministers have all supported change but none of them have been able to deliver it.

“I’m sure the weight of the consultation responses will be for significant change. It’s long been recognised that children need special protection under the law; that’s why we have the UN Committee on the Rights of the Child. But the UK – and the Republic of Ireland for that matter – are out of step in terms of the clear recommendations around minimum age [at 14] of criminal responsibility and liability.”

Latest figures show that 99 young people under the age of 14 were prosecuted before a court for a criminal offence in the North last year. A further 229 children were dealt with through an “out of court diversionary disposal”.

Those aged 10-15 account for 42 per cent of under-18s placed in custody in Woodlands juvenile justice centre in Bangor.

Mr Corrigan backed calls by the Children’s Law Centre in the North to increase the minimum prosecution age to 16.

“When children are forced through a criminal justice system, their health, wellbeing and future are put at risk. Punitive approaches simply don’t work. Imprisoning young people entrenches them in the criminal legal system and puts them on a path of potentially further criminal behaviour.

“The chance to re-direct their lives and refocus their energies is gone because they’ve been forced into this criminal justice system rather than a child-centred welfare approach.

“So I think there’s a very compelling case for change, whichever way you look at it.

“We support the call for it to be changed to a minimum age of 14. But the Children’s Law Centre has said, to reach best practice, they are asking for developed countries to consider age 15 and age 16.

“I think there’s a strong call for that now as well.”