The age of criminal responsibility in Northern Ireland is ten, one of the lowest in Europe. File photo by Alfred Kenneally on Unsplash
AS our society continues to change, our understanding of justice and accountability for our children and young people must also evolve.
But some of our laws remain outdated and not fit for purpose.
At the top of this list is the fact that the minimum age of criminal responsibility in Northern Ireland is 10 – one of the lowest in Europe.
This is at odds with international standards and best practices, as outlined in the UN Convention on Rights of a Child (UNCRC).
We have repeatedly called on the Northern Ireland Executive to raise the age to 16, aligning us with international standards and encouraging a focus on rehabilitation.
This change is crucial in aiding reintegration and reducing the chances of re-offending.
The Justice Bill, currently being scrutinised by MLAs, offers the chance to fix this and other longstanding issues.
Alongside the minimum age of criminal responsibility, the Bill offers opportunities to legislate on equal protection from physical punishment and implement outstanding recommendations from the Youth Justice Review 2011.
Currently, children in Northern Ireland do not enjoy the same legal protections from assault as adults.
Legislative gaps allow for the defence of reasonable chastisement, which directly contradicts the principles of dignity and respect outlined in the UNCRC.
This sends a damaging message, that it is acceptable to inflict physical punishment on children.
We have seen legal protections introduced in Wales and Scotland in 2020 and 2022 and it needs to be a necessary step taken in Northern Ireland.
Legislation fully banning corporal punishment in all environments, including at home, is important not just because it shields children from harm, but because it helps transform the way society sees discipline.
It encourages us to focus on nurturing and non-violent methods over punitive measures.
We acknowledge and appreciate that the Bill modernises elements of the justice framework and introduces other welcome measures in youth justice, including protections around bail, remand, and the separation of children from adults.
We also support the shift away from indefinite retention regimes for DNA and biometric data, but remain concerned that the principles of proportionality, necessity, and the best interests of the child are not embedded strongly enough in the Bill.
While the Bill lays important foundations, the work is far from finished.
We call on the Northern Ireland Executive to show leadership, listen to the voices of children, and take this opportunity to build a justice system that truly reflects the UNCRC.
To truly realise children’s rights in our laws, it's crucial to ensure children and young people’s voices and experiences are central.
We urge the Northern Ireland Assembly to recognise the wide-reaching, beneficial impacts of justice reforms. The changes will not only benefit children who find themselves in the justice system, but it will also enhance society.
By embedding rehabilitation and safeguarding principles in our approach to young people, we can create a fair, more just future for all.
Chris Quinn is the Northern Ireland Commissioner for Children and Young People