Mauritius cabinet weighs lowering criminal responsibility age
Government considers prosecuting 12-year-olds after riots, but legal experts cite lack of evidence and system strain.
The Mauritian government is considering lowering the age of criminal responsibility to 12 years old, a move prompted by recent riots where minors were among those arrested. Cabinet discussed the proposal on October 14, but has opted for wider consultation via a parliamentary Select Committee before any decision is made. The current Children's Act 2020, effective since January 2022, sets the minimum age at 14.
Police reported that 16 minors were among the 151 people arrested during the unrest, representing about one in nine arrestees. However, legal experts point out that a lower age limit would only apply to future cases due to constitutional bars on retroactive punishment. The Mauritian justice system already faces significant delays, as highlighted in past Privy Council cases concerning the right to a hearing within a reasonable time.
No Mauritian studies demonstrate that prosecuting younger children deters violence, and the UN Committee on the Rights of the Child advises against lowering the age, warning of potential harm from the criminal justice system. The proposed change would also necessitate adjustments to the existing juvenile court system, which defines a 'juvenile' as someone aged 14 to under 18, requiring staff training and facility modifications.
Why it mattersThe government's consideration of prosecuting 12-year-olds could bring more young people into a justice system that already struggles with delays.