Under-12s to avoid court from today

CHILDREN under the age of 12 will from today no longer be brought before the courts for breaking the law unless they commit the gravest offences.

The change effectively raises the age of criminal responsibility from seven to 12 and sweeps away the practice of prosecuting minors.

The only exception will be 10 and 11-year-olds accused of murder, manslaughter, rape or serious sexual assault. Under the Criminal Justice Act of 2006, court proceedings against 12 and 13-year-olds are also barred unless the Director of Public Prosecutions agrees.

Children’s Minister Brian Lenihan acknowledged there was a dilemma over how the criminal justice system should treat young offenders.

“The question of when a child should be held accountable for a crime is a complex one. (But) this legislation strikes the right balance between protecting young children who offend and protecting their victims and society as a whole from criminal behaviour.”

From today minors who commit offences such as theft, burglary and criminal damage will be dealt with by the Health Service Executive and the care system.

Youngsters under 12 who are suspected of committing a crime cannot be charged and instead will be taken to their parents by a garda.

Under the changes, 10 and 11-year-olds who break the law can in future be brought under the Garda Diversion Programme to help them mend their ways.

Mr Lenihan said: “Young children do not have a full understanding of the consequences of criminal actions. This legislation takes very young children out of the criminal justice system and provides additional safeguards for children up to the age of 14.”

The change in legislation follows a ruling in the European courts against Britain over the way two 10-year-olds were prosecuted for the murder of toddler James Bulger in 1993.

Earlier this year, Mr Lenihan came under fire by children’s rights campaigners at the UN for insisting 10 and 11-year-olds should still be prosecuted for grave offences like murder and rape.

An aide yesterday said: “It is the view of the minister that the victims of serious crimes must have the right to have justice and to see justice done.

“There is a child protection reason for that as well so that if a serious offence is committed they come to the attention of the forces of law and order and they can be dealt with.”

The new legislation gave additional protection to children as the DPP’s say-so will be needed in prosecutions while judges will be able to act if they find the youngster before the court is not of sound mind.