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Age of Criminal Responsibility in the UK: 10 in England, Wales and NI, 12 in Scotland

Independently fact-checkedBy Recording Law Editorial Team3 min read

Independently fact-checked against primary sources (last audited September 28, 2026). · 7 primary sources cited on this page. How we verify our legal content

Age of Criminal Responsibility in the UK: 10 in England, Wales and NI, 12 in Scotland

The age of criminal responsibility is 10 in England, Wales and Northern Ireland, and 12 in Scotland, currently the highest minimum age anywhere in the United Kingdom.

England, Wales and Northern Ireland: Age 10

Section 50 of the Children and Young Persons Act 1933, as amended, states: "It shall be conclusively presumed that no child under the age of ten years can be guilty of any offence." The word "ten" replaced the original "eight" by amendment in 1963. Northern Ireland's Article 3 of the Criminal Justice (Children) (Northern Ireland) Order 1998 uses almost identical wording, also setting the age at 10.

Because the presumption is conclusive rather than rebuttable, a child below this age cannot be prosecuted for a criminal offence in England, Wales or Northern Ireland, whatever the alleged conduct.

Scotland: Raised to 12 in December 2021

Scotland's age of criminal responsibility was 8, the lowest in the UK, until the Age of Criminal Responsibility (Scotland) Act 2019 raised it to 12. From 28 March 2011, children under 12 already could not be prosecuted in Scotland, although until 2021 a child aged 8 to 11 could still be treated as having committed an offence. Section 1 of that Act substitutes a new section 41 into the Criminal Procedure (Scotland) Act 1995, reading: "A child under the age of 12 years cannot commit an offence." The change came into force on 17 December 2021.

pen resting on an open legal statute book

Scotland's age of criminal responsibility is now the highest of the UK's three legal systems. The review required by section 78 of the 2019 Act was reported to the Scottish Parliament in December 2025; Ministers said a public consultation on a further, incremental increase would be a matter for the next parliamentary term, so the age of 12 may change.

This page is part of our UK criminal law coverage.

Frequently Asked Questions

What is the age of criminal responsibility in England and Wales?

It is 10. Under section 50 of the Children and Young Persons Act 1933, no child under 10 can be found guilty of any offence, and this cannot be argued around on the facts of a particular case.

Is Scotland's age of criminal responsibility different from the rest of the UK?

Yes. Scotland raised its age of criminal responsibility to 12 in December 2021, making it the highest in the UK. England, Wales and Northern Ireland all remain at 10.

When did Scotland change its age of criminal responsibility?

The change took effect on 17 December 2021, under the Age of Criminal Responsibility (Scotland) Act 2019, raising the age from 8 to 12.

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. Children and Young Persons Act 1933, section 50 (Presumption and evidence as to age of children and young persons)(legislation.gov.uk).gov
  2. Age of Criminal Responsibility (Scotland) Act 2019, section 1(legislation.gov.uk).gov
  3. Age of Criminal Responsibility (Scotland) Act 2019, full text(legislation.gov.uk).gov
  4. Criminal Justice (Children) (Northern Ireland) Order 1998, Article 3(legislation.gov.uk).gov
  5. Criminal Procedure (Scotland) Act 1995, s.41A (Prosecution of children under 12, as in force from 28 March 2011)(legislation.gov.uk).gov
  6. Age of Criminal Responsibility (Scotland) Act 2019, section 78 (Review of age of criminal responsibility)(legislation.gov.uk).gov
  7. Scottish Government, Age of Criminal Responsibility (Scotland) Act 2019: section 78 review report (December 2025)(parliament.scot).gov
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