Disclosure of childhood criminal records in England and Wales: imposing enduring criminal responsibility for childhood behaviours

This chapter examines the enduring criminal responsibility that follows children in England and Wales in the form of criminal records that impose continuous criminal responsibility throughout adulthood for behaviour engaged in as a child. Disclosure of records of childhood behaviours can have serious effects disproportionate to the seriousness of the offending behaviour which may limit the child’s future aspirations and ability to participate in society. Hollingsworth’s theory of foundational rights offers a lens through which to critically explore the need for a closer alignment between the regulation of the disclosure of childhood criminal records with its emphasis on imposing enduring criminal responsibility for childhood offending, international children’s rights instruments, and the Youth Justice Board’s commitment to the development of a youth justice system in England and Wales that is “Child First”.