The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence/defense of infancy, which is a form of defense known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions, if at the relevant time, they had not reached an age of criminal responsibility. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offense committed.
Under the English common law the defense of infancy was expressed as a set of presumptions in a doctrine known as doli incapax. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7âÂÂ13 were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and that it was wrong. In fact, capacity was a necessary element of the state's case (thus, the rule of sevens doctrine arose). If the state failed to offer sufficient evidence of capacity, the infant was entitled to have the charges dismissed at the close of the state's evidence. Doli incapax was abolished in England and Wales in 1998 for children over the age of 10, but persists in other common law jurisdictions.
The terminology regarding such a defense varies by jurisdiction and sphere. "Defense of infancy" is a mainly US term. The "age of criminal responsibility" is used by most European countries, the UK, Australia, New Zealand and other Commonwealth of Nations countries. Other instances of usage have included the terms age of accountability, age of responsibility, and age of liability.
The term minimum age of criminal responsibility (MACR) is a term commonly used in the literature.
The rationale behind the age of accountability laws are the same as those behind the insanity defense, insinuating both the mentally disabled and the young lack apprehension.
Governments enact laws to label certain types of activity as wrongful or illegal. Behavior of a more antisocial nature can be stigmatized in a more positive way to show society's disapproval through the use of the word criminal. In this context, laws tend to use the phrase, "age of criminal responsibility" in two different ways:
This is an aspect of the public policy of parens patriae. In the criminal law, each state will consider the nature of its own society and the available evidence of the age at which antisocial behaviors begins to manifest itself. Some societies will have qualities of indulgence toward the young and inexperienced, and will not wish them to be exposed to the criminal law system before all other avenues of response have been exhausted. Hence, some states have a policy of doli incapax (i.e. incapable of wrong) and exclude liability for all acts and omissions that would otherwise have been criminal after reaching a specified age. Hence, no matter what the child may have done, there cannot be a criminal prosecution. However, although no criminal liability is inferred, other aspects of law may be applied. For example, in Nordic countries, an offense by a person under 15 years of age is considered mostly a symptom of problems in child's development. This will cause the social authorities to take appropriate administrative measures to secure the development of the child. Such measures may range from counseling to placement at a special care unit. Being non-judicial, the measures are not dependent on the severity of the offense committed but on the overall circumstances of the child.
The policy of treating minors as incapable of committing crimes does not necessarily reflect modern sensibilities. Thus, if the rationale of the excuse is that children below a certain age lack the capacity to form the mens rea of an offense, this may no longer be a sustainable argument. Indeed, given the different speeds at which people may develop both physically and intellectually, any form of explicit age limit may be arbitrary and irrational. Yet, the sense that children do not deserve to be exposed to criminal punishment in the same way as adults remains strong. Children have not had experience of life, nor do they have the same mental and intellectual capacities as adults. Hence, it might be considered unfair to treat young children in the same way as adults.
The United Nations Committee on the Rights of the Child has called on countries to follow the large volume of scientific evidence on child development by setting an age of criminal responsibility higher than an absolute minimum of 14, at either 15 or 16.
In Scotland, the age of criminal responsibility was raised from 8 to 12 by the implementation of the Age of Criminal Responsibility (Scotland) Act 2019, which came into force on 31 March 2020. The Children and Young People's Commissioner Scotland called this "unacceptable", saying that it "still leaves Scotland's age of criminal responsibility two years below the minimum acceptable international standard of 14". In England and Wales and Northern Ireland, the age of responsibility is 10 years, and in the Netherlands and Canada the age of responsibility is 12 years. Victim Support NI has said the age of criminal responsibility in Northern Ireland should be raised "to at least a minimum age of 14". Sweden, Finland, and Norway all set the age at 15 years. In the United States, the minimum age for federal crimes is 11 years. State minimums vary, with 24 states having no defined minimum age, and defined minimums ranging from 7 years in Florida to 13 years in Maryland and New Hampshire.
The age of criminal responsibility in England and Wales is 10, the joint lowest in Europe alongside Switzerland. The UN Committee on the Rights of the Child has called for the age of criminal responsibility in England and Wales to be raised to at least 14, as have top judges in England and Wales, including former president of the supreme court Lady Hale. Professor Roger Evans, emeritus professor of socio-legal studies at Liverpool John Moores University, has stated that, "Lady Hale is absolutely right to say that the prosecution of children under 14 is wrong and to ask the government to raise the age of criminal responsibility to at least 14, as is the case in most European countries", noting that the "vast majority of empirical research" signals that it would be a better approach. A raise to 14 is also backed by Shami Chakrabarti, the former director of Liberty. Fiona Rutherford, the chief executive of the charity Justice, called the current criminal age of responsibility of 10, "cruel and irrational", as well as, "at odds with international norms and years behind the science on brain development". In December 2025, a Ministry of Justice spokesperson said the government are not changing the age of criminal responsibility.
The following are the minimum ages at which people may be charged with a criminal offence in each country:
In some countries, a juvenile court is a court of special jurisdiction charged with adjudicating cases involving crimes committed by those who have not yet reached a specific age. If convicted in a juvenile court, the offender is found "responsible" for their actions as opposed to "guilty" of a criminal offense. Sometimes, in some jurisdictions (such as the United States of America), a minor may be tried as an adult.