Jersey’s age of criminal responsibility could be increased to 12 and then 14 years old after a new report highlighted that the current age of 10 is not in line with international human rights recommendations.

According to Jersey’s new Youth Justice Roadmap, the Home Affairs Minister “intends to research the changes required, and impact on the current system should the minimum age of criminal responsibility be raised”.

Consultation findings will help decide which laws would need to be changed to support children who might have ended up in the criminal justice system and determine how any legislative changes might affect local children, according to the report.

We will consult on raising the minimum age of criminal responsibility to 12 in Jersey with subsequent consideration to increase it to 14 in the future

youth justice roadmap

The Roadmap’s key actions include plans to “consult on raising the minimum age of criminal responsibility to 12 in Jersey with subsequent consideration to increase it to 14 in the future”.

Jersey’s current minimum age of criminal responsibility is just 10 years old.

This is “not in compliance” with the United Nations Convention on the Rights of the Child which recommends a minimum age of criminal responsibility of at least 14 years, according to the report.

The figure of 14 years is attributed to neuroscientific research which shows the area of the brain used for reasoning is still developing into the early- and mid-20s, which makes young adolescents “less capable of grasping the impact of their actions or legal proceedings”.

“There is also an increase in risk-taking behaviours between childhood and adolescence,” the report added.

The Roadmap explained that prosecution of children under 12 is rare in Jersey, but noted that “criminalising young children increases the likelihood of deeper justice system involvement”.

It continued: “While children should be held accountable for their actions, this should be done through a ‘child first’ approach that promotes positive change and restorative practices.

“The youth justice system needs not only to meet the multiple and complex needs of children who offend, but crucially and for the benefit of society, restore relationships within their families / support networks and communities.”

How does Jersey compare to the rest of the world?

Jersey’s minimum age of criminal responsibility is one of the lowest in Europe and is matched only by England, Wales and Northern Ireland – which also have an minimum age of criminal responsibility of 10.

This has sparked repeated calls by the UN to raise the age in order to better protect young people, but these have thus far been unsuccessful.

Both Guernsey and Alderney place the age of responsibility at 12 following the Children (Guernsey and Alderney) Law 2008.

While higher than in Jersey, 12 is still comparatively low for Europe where the average age of criminal responsibility in Europe is 14.

Countries like Switzerland and Sweden have set the minimum age of criminal responsibility at 15.

Portugal has one of the highest minimum ages of criminal responsibility in Europe of 16, and does not allow any anyone under this age to be sentenced in criminal or penal terms.

However, in The Republic of Congo and certain states in the US there is no minimum age of criminal responsibility.