Mauritius cabinet considers lowering age of criminal responsibility
Government examines prosecuting 12-year-olds after recent riots, but legal experts and child rights groups raise concerns.
The Mauritian government is considering lowering the age of criminal responsibility to 12 years old, a move prompted by recent riots where minors were arrested. The current law, established by the Children’s Act 2020, sets the minimum age at 14. Cabinet discussed the proposal on October 14, but decided on further consultation and a parliamentary Select Committee before any decision is made.
Police reported that 16 out of 151 people arrested during the unrest were minors, approximately one in nine. However, legal experts point out that a retroactive change would not apply to these arrests due to constitutional protections. The proposed reform would only affect future cases, and concerns remain about the justice system's capacity to handle cases involving younger children, given existing delays highlighted in past Privy Council rulings.
Child-rights organisations and the UN Committee on the Rights of the Child advise against lowering the age, citing potential harm to children and a lack of evidence that prosecuting younger children deters violence. The current system, designed for those aged 14 and above, would require significant changes to accommodate 12- and 13-year-olds, including staff training and facility adjustments. The Select Committee will also examine parental responsibility and the role of adults inciting minors to commit crimes.
Why it mattersThe government's consideration of lowering the age of criminal responsibility affects children aged 12 and 13, their families, and the broader justice system.