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https://www.parlia.com/o/age-of-criminal-justice-in-england-should-be

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**tl;dr 10 years old is too young for the age of criminal justice in England due to the human psychological development process.** *doli incapax* is the law that deems a person incapable of forming the intent to commit a crime or tort, especially by reason of age (under 10 years old). This age is being debated and called upon for change by MPs as well as the director of public prosecutions, Max Hill. The expert knowledge of the people in these professions cannot be ignored. The present age of criminal responsibility in England is 10 years old which is too young. Children are forced into an adult world of justice before they are fully prepared. At 10, children do not fully understand the law or societal conduct and expectations. They are still in primary school and have not even been taught about criminal justice. Understanding what a crime is and the criminal process is much more complicated than understanding right from wrong. Furthermore, factors that stop people from breaking the law (including experience, knowledge, comprehension, empathy and a sense of citizenship) are not as easily attainable for children of such a young age. What’s more, morality and the conscience are developed through social interaction, learning and habituation that can be extremely harmed through ill-parenting or traumatic childhood conditions. Although this is a problem that lies in the hands of politics, specifically parliament, it is also a question that can only be answered through the extensive study of human psychology. After studying human behaviour John Piaget concluded that the conscience is not binary but changes over time. An immature conscience may act in accordance with socially accepted behaviour, however will do so for all the wrong reasons. Immature beings will not act responsively out of concern for principles of right and wrong but will blindly follow rules to seek approval. Instead of looking outwardly at the world and future, an immature conscience knows little of rationality. Piaget determined ages 8 to 11 as the beginning of being able to think logically whilst 11 to 15 is when children can think about the future along with hypothetical or ideological issues. Therefore, with this model, humans only begin to have a fully functioning conscience at the age of 11 – one year older than the present criminal justice age. When analysing moral development specifically, Piaget see ages 5 to 11 to have heteronomous morality meaning a child will look beyond itself for moral authority by merely following rules and expecting menial punishment if they are not obeyed. After this age, autonomous morality develops causing a shift to a personal code of conduct based on perception of socially acceptable behaviour. Shockingly, in some states in the US, children as young as 6 can receive criminal justice. Elsewhere in the world, countries like Australia, New Zealand, Fiji and Hong Kong, follow England, Wales and Ireland’s present law of 10 years old. However, this remains the lowest in Europe with many countries recently raising the age of criminal responsibility. It is clear that social development is continuous and still occurs throughout adult life, and so it is not a question of when development is complete but instead when there is sufficient development for responsibility. Although, children of 10 years and below should be held responsible for their actions, they should not be held responsible in a criminal court. Baksi, Catherine (2021). ‘Age of criminal responsibility: ten is too young to face justice, say top prosecutor Max Hill’. *The Times*. Accessible at: https://www.thetimes.co.uk/article/age-of-criminal-responsibility-ten-is-too-young-to-face-justice-says-top-prosecutor-max-hill-np2h7hf9n Piaget, J. (1971). ‘The theory of stages in cognitive development’. In D. R. Green, M. P. Ford, & G. B. Flamer, *Measurement and Piaget*. McGraw-Hill.
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