Rhian Howells Education and Engagement Lead, Children’s Legal Centre Wales
This is a question we ask all the time in our outreach sessions:
“What age can you be arrested?”
More than half of the time, both young people and adults get it wrong.
The most common answer we hear is 16.
But the real answer surprises a lot of people
What age can you be arrested in Wales?
In England and Wales, the age of criminal responsibility is just 10 years old.
That means if the police think you’ve committed a crime, you can be arrested and held criminally responsible from age 10.
What Does “Age of Criminal Responsibility” Actually Mean?
It’s the age when the law says you’re old enough:
- To be Interviewed and detained by police
- Subject to strip searches
- Prosecuted in youth or crown court
- Sentenced to a youth offender institution
- Given a criminal record that can follow you into adulthood.
Even though you’re still legally a child.
Is It the Same Everywhere in the UK?
No!
- Scotland raised the age to 12 under the Age of Criminal Responsibility (Scotland) Act 2019
- England and Wales still keep it at 10
Many children’s rights advocates are calling for this to change.
The UN Committee on the Rights of the Child has recommended that the age be raised to at least 14 years.
Senior Judges are calling for the age to be raised.
In Wales, the Commission for Justice in 2019, also called for the age to be raised.
Just a few weeks ago, on January 14th, there was a debate in the Senedd (Welsh Parliament) with arguments to raise the age presented, and the Welsh Government Cabinet Secretary, saying that they will shortly be meeting the UK Government Minister responsible for youth justice to make them aware of the Senedd debate.
Wales at the moment, does not have the power to change the law, because powers over criminal justice law, are not devolved, they remain with the UK Government.
A Big Question: Does This Make Sense?
A Big Question: Does This Make Sense?In Wales:
- You can’t vote until 16
- But you can be criminally responsible at 10
So, you’re considered too young to choose who runs the country, but old enough to be punished by the criminal justice system?
You may also be aware that there is a big national debate and consultation, that is questioning whether all children under the age of 16 should be banned from using social media.
If the ban comes into place, then this would mean that children under the age of 16 are considered too young to use social media but considered old enough to be punished by the criminal justice system.
That’s why many people think it’s time to rethink child justice, please see the following blogs that consider these questions:
What About Other Countries?
It’s very different around the world, for example:
- England and Wales jointly with Switzerland have the lowest age of criminal responsibility in Europe, at age 10.
- The majority of other countries in Europe, have an age of criminal responsibility of 14+
See some examples in the Table below:
| Country | Age of Criminal Responsibility |
| England/Wales | 10 lowest in Europe |
| Scotland | 12 |
| Belgium | 12 |
| Netherlands | 12 |
| Germany | 14 |
| Italy | 14 |
| Spain | 14 |
| Sweden | 15 |
| Norway | 15 |
| Finland | 15 |
| Portugal | 16 |
| Lithuania | 16 |
| Luxembourg | 15 |
So, England and Wales are actually out of step with many places.
Why This Matters
Understanding your rights is powerful.
The more young people know how the system works, the better we can all push for change that’s fair, safe, and supportive.
The Children’s Legal Centre Wales website has information that is suitable for young people.
What do you think? Is 10 years old too young?
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