The government of Mauritius is considering a proposal to lower the age of criminal responsibility from 14 to 12, following a recent wave of riots in the country. According to Section 49 of the Children's Act 2020, which came into force in January 2022, children under the age of 14 cannot be prosecuted. The law was introduced to raise the age from 12, and in 2025, the UN Committee against Torture noted this change as one of Mauritius's recent reforms.
The proposal to lower the age of criminal responsibility was discussed by the Cabinet on October 14, and two days later, it was decided that a wider consultation and a parliamentary Select Committee would be established to examine the issue. The reason for this decision is the recent unrest, during which police reported that minors were among those arrested, with 16 out of 151 people arrested being underage, roughly one in nine. However, it is unclear whether lowering the age of criminal responsibility would have an impact on those already arrested.
One of the concerns raised by lawyers is that a 12-year-old who could not be prosecuted at the time of the offence cannot be prosecuted retroactively, due to the Constitution's ban on punishment under a law that did not exist when the act was committed. This means that the reform would only affect future cases. Additionally, there are concerns about the ability of the system to cope with the change, given the existing delays in delivering justice, even to adults.
The Mauritian court system has struggled with delays, with the Privy Council, the country's final court of appeal, having to decide on cases where there were significant delays between the offence and the trial. In Gangasing Aubeeluck v The State of Mauritius (2010), the Privy Council had to consider whether an 11-year gap since the offences breached the constitutional right to a hearing within a reasonable time. The court has also criticised the failure to address delay squarely and welcomed reforms advocated by the legal profession to speed up trials.
There is also a lack of evidence to suggest that prosecuting 12- and 13-year-olds would deter violence. The UN Committee on the Rights of the Child advises a minimum age of at least 14 and discourages lowering it, warning that contact with the criminal justice system can harm children. The rights group DIS-MOI has urged the government to reconsider, saying a 12-year-old is still developing and that the focus should be on addressing the root causes of the problem.
To implement the change, the system would need to be adapted, including changing the definition of a "juvenile" in the Children's Court Act 2020, training staff, finding facilities, and keeping children apart from adults. The existing tools, such as sections 50 and 51 of the Children's Act, which allow for investigation, referral to a probation officer and a psychologist, and placement in a safe place without detention, would need to be reassessed.
The Select Committee will also examine parental responsibility and the offence of inciting minors to commit crimes, as social workers and educators point out that adults often stand behind young offenders, such as drug traffickers using minors. Prosecuting the child may leave the recruiter untouched. Ultimately, the decision on whether to lower the age of criminal responsibility will depend on the evidence presented, and it remains to be seen whether the government will proceed with the change.
Key points
- The proposed change to lower the age of criminal responsibility from 14 to 12 in Mauritius has sparked debate on its effectiveness and impact on child rights.
- The existing system has struggled with delays, and there is a lack of evidence to suggest that prosecuting 12- and 13-year-olds would deter violence.
- The Select Committee will examine parental responsibility and the offence of inciting minors to commit crimes, as well as the impact on the system and child rights.
