‘Children know right from wrong’ – an examination into the role of compulsory education in informing children about the Minimum Age of Criminal Responsibility in England and Wales

The minimum age of criminal responsibility (MACR) in England and Wales has remained unchanged at 10 years since 1963 and is lower than most countries around the world. Despite numerous calls for change, successive governments have continued to maintain the position that children know right from wrong and can therefore take legal responsibility for their actions. This view is justified by the claim that compulsory education contributes to the development of such an understanding. However there has been little evidence presented to support this. This paper’s original contribution to the literature on the low MACR in England is to evaluate the appropriateness of the current MACR by exploring the extent to which the school curriculum informs children about this legal responsibility. Qualitative data was gathered through interviews with a sample of teachers who taught children between the ages of seven and 14 and document analysis of key curriculum documents. The findings from this study highlight how the national and school curriculum provides limited education to children on the age of criminal responsibility and questions whether it is fair for children to be held criminally responsible at the age of ten, without being given the opportunity to develop their knowledge and understanding of this law.