CAT/OP/GBR/CSPRO/1 26. The Government does not have any current plans to raise the age of criminal responsibility. The Government believes that children aged 10 and over can differentiate between bad behaviour and serious wrongdoing. 27. It is not always appropriate to make simple comparisons between countries because the youth justice and supporting social systems differ considerably. The principal aim of the youth justice system in England and Wales is to prevent offending by children. Setting the age of criminal responsibility at 10 provides flexibility in dealing with children, allowing early intervention with the aim of preventing subsequent offending. If assessment by the local multi-agency youth offending team identifies that a child has particular needs, the youth offending team can refer the child on to other services for further investigation and support (this can include Children’s Services departments or Child and Adolescent Mental Health services). 28. The sentencing framework for children aged 10 to 17 recognises that children have their own specific needs that require a different and more tailored approach. When sentencing, the courts must take into account not only the principal aim of the youth justice system but also the welfare of the child. The age, maturity and needs of a child are always considered in determining the most appropriate response to offending by a child. 29. The Government believes that it is important to ensure that serious offences can be prosecuted and the public protected. However, serious crimes committed by children are rare and we do not want to see younger children prosecuted for offences unnecessarily where a better alternative may be available. Most younger children who enter the youth justice system are dealt with by way of an out-of-court disposal. Scotland 30. The Age of Criminal Responsibility (Scotland) Act 2019 was passed unanimously by the Scottish Parliament. Once fully commenced, it will increase the age of criminal responsibility from 8 to 12 years of age. Votes on raising the age of criminal responsibility (ACR) to 14 years old and 16 years old were defeated by 108 votes to 11 and 110 votes to 10 respectively, by the Parliament. 31. Implementation of the Act is being undertaken as quickly and safely as possible. Since 29 November 2019, children under 12 can only be referred to a children’s hearing on care and protection grounds, and not on offence grounds. This means that from this date, children younger than 12 have not accrued convictions or criminal records. 32. In Scotland there are proven approaches to confronting and correcting childhood behaviour that do not need a criminal justice response, with the great majority of children under 16 who commit offences being dealt with through the welfare-focused children’s hearings system, rather than by the criminal justice system. 33. The increase in the age of criminal responsibility from 8 to 12 is a significant reform that will need to be carefully evaluated to identify further policy, legislative, system and practical changes that may be required to ensure that the Act has been safely implemented. The Act, therefore, provides that the Scottish Ministers must carry out a review within 3 years of the commencement of section 1 of the Act (which increases the age to 12). The review is to evaluate the operation of the Act generally as well as to consider a future age of criminal responsibility. Evaluation of the Act will ensure that operational learning and experience about how the legislation and associated change programme operates for the under-12 age group can be taken into account as part of the overall consideration of a future age of criminal responsibility in Scotland. Northern Ireland 34. This issue is under active consideration in Northern Ireland. The Justice Minister has written to her Executive colleagues to seek their views on increasing the minimum age of criminal responsibility in Northern Ireland from 10 years to 12 years. While cross-party support has not been forthcoming to date, the Department of Justice will continue to pursue this issue. 8