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Purpose

– The purpose of this paper is to explore the tension between government protestations that youth justice policy is evidence-led and what the evidence implies in the context of the age of criminal responsibility.

Design/methodology/approach

– The paper takes the form of a conceptual analysis of government policy and the evidence base.

Findings

– The paper concludes that the current low age of criminal responsibility in England and Wales can be understood as a manifestation of the influence of underclass theory on successive governments.

Research limitations/implications

– The paper is not based on primary research.

Practical implications

– The arguments adduced help to explain the reluctance of government to countenance any increase in the age of criminal responsibility.

Social implications

– The analysis might help inform approaches adopted by youth justice policy makers, practitioners and academics with an interest in seeking a rise in the age of criminal responsibility.

Originality/value

– The paper offers an original analysis of government intransigence on an important social issue.

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