At What Age is a Child Prosecutable as an Adult?

In today's society that is under the constant threat of anti-social behaviour many people ask the question as to a child's age in relation to being prosecuted for the crime they have committed.

Here we explore the legalities of prosecuting a child.

At What Age is a Child Prosecutable by Law?

Now that Scotland and Wales have devolved governments the laws in those areas are changing. However for England and Northern Ireland the law remains the same and a children can be held accountable for a criminal offence from the age of 10.

Depending on the nature of the crime there are several ways in which it can be dealt with. However if the crime involves bodily harm to another or indeed death then the crime is prosecutable in the same manner as it would be for an adult.

In recent years there have been criminal proceedings brought against children who have accidentally - or purposefully - murdered other children and under these conditions a trial and subsequent sentence in relation to that of an adult has taken place.

It is important to take into account how the law sees children and at what age the law determines that a child is responsible for his or her own actions.

Anti-Social Behaviour Offences

If a child is found to have committed an offence that constitutes an Anti-Social Behaviour offence then he or she may find that they are issued with an Anti-Social Behaviour Order (ASBO).

Such an order is issued by a magistrate if there is sufficient evidence to suggest that he or she may commit a similar offence and therefore steps must be taken to reduce the likelihood of this being the case.

What Constitutes an Anti-Social Behaviour Offence?

An Anti-Social Behaviour Offence can be any one of the following:

• Bullying
• Vandalism
• Joy Riding
• Racial Abuse
• Sexual Impropriety
• Theft
• Causing an Affray
• Under age Drinking
• Graffiti
• Mugging
• Burglary

Of course this is not a definitive list but it does aim to show those offences which are most often committed by children and minors who are detained by police.

Other Offences

If a child or minor commits an offence not listed amongst those already mentioned then he or she may be liable to a custodial sentence in a Young Offenders Centre.

A Young Offenders Centre is the juvenile equivalent to adult prison and any child or teenager held in such a centre may find that they are removed to an adult prison once they have reached the age of 18.

ASBOs and ABCs

Anti-Social Behaviour Orders (ASBOs) and Acceptable Behaviour Contracts (ABCs) are issued to those children or minors who are prosecutable but are likely to be placed under supervision of their local Youth Offending Team.

An Acceptable Behaviour Contract (ABC) will be issued informally by the police and will be signed by the individual responsible and they will be given the opportunity to remain out of trouble for a set period before the Acceptable Behaviour Contract is removed.

If all efforts fail to curb the anti-social behaviour of the child then he or she will be taken before a magistrate and an Anti-Social Behaviour order (ASBO) will be issued. This is a legal commitment to be bound over and any breach can result in a custodial sentence in either a Young Offenders Centre or an adult prison - depending entirely on the age of the individual involved.

You can find out more about Anti-Social Behaviour Orders and Acceptable Behaviour Contracts from your local authority, Youth Offending Team or Community Police Officer.