Publications

NIHRC Submission to the Northern Ireland Assembly on the List of Amendments to the Justice Bill 07/22-27

Date produced: June 2026

Summary of recommendations/messages

The Northern Ireland Human Rights Commission;

4.1     advises that proposed amendments to the Justice Bill will bring the law in 
Northern Ireland on the minimum age of criminal responsibility into closer alignment with international human rights standards. There appears to be a general consensus among Council of Europe member States; on balance favouring a minimum age of 12 years. A significant number have however introduced minimum ages higher than 12 years.

4.2     The Commission further advises that while the proposed amendments will
raise the age to at least 12 years, there are also a number of exceptions being considered that may result in children as young as 10 years still being criminalised. These exceptions do not sit easily alongside human rights standards which attach to the age of the child, rather than the nature of the offending. At the United Nations, the UN CRC Committee has advised that 12 years should be the absolute minimum age, without exceptions even for the most serious offences. Member States have a wide margin of appreciation when determining criminal justice legislation in this area, so long as the law and any subsequent policies do not offend against standards prescribed by the ECHR, interpreted where relevant using other international Treaties. One such other treaty is the UN CRC.

4.3     The Commission notes that raising the minimum age of criminal responsibility will have operational consequences. Further advice should be taken therefore from relevant partners such as the PSNI and the PPS prior to any changes coming into force. Moreover, the impact of those changes should also be assessed from a victims' perspective and using safeguarding principles. It is clear that there are interests to be balanced; those of the child and those of victims and potential victims.

4.4     Evidence and the general consensus across the Council of Europe is that a minimum age of criminal responsibility of 10 years is too low because it is ineffective; is counterproductive to the interests of victims and potential victims; and is never in the best interests of the child. The proposed amendments to the Justice Bill would not remove powers to deal with children who present a risk to others, but rather, would adopt an approach which is human rights compliant for both the children involved and society.

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