The amendment to the law came into force on 10 September. Since then, 14-year-olds can be deprived of their liberty, prosecuted and sentenced. However, this applies only to crimes carrying a minimum sentence of four years in prison, and to attempts, preparation and conspiracy to commit such crimes.
In the first three weeks, from 10 to 30 September, six 14-year-olds were suspected of crimes under the new regulations, according to statistics from the Swedish Prosecution Authority. Since then, more 14-year-olds have been suspected of crimes and detained.
This includes a 14-year-old girl who is being held on suspicion of involvement in the high-profile murder of a 24-year-old woman who was shot dead in Älvsjö, southern Stockholm, in October.
A 14-year-old boy in Gävle is also being held in custody on suspicion of preparing to commit murder. Another 14-year-old boy is being investigated for attempted murder after a shooting in Strängnäs in September. The boy in Strängnäs was held in custody for a while but was released after just over two weeks to be taken into care by social services instead.
Maria Franzén, senior prosecutor at the Swedish Public Prosecutor's Office's Development Center. Press photo.
Higher requirements for detention
A 14-year-old in Linköping is also suspected of preparing to commit murder. The prosecutor wanted the boy detained, but the district court refused because it did not consider there to be exceptional grounds for detention, as required for suspects aged 14 to 17.
There are higher requirements for detaining young people, says Maria Franzén, a senior prosecutor at the Swedish Prosecution Authority’s Development Centre.
Prosecutors must first consider, among other things, whether it is possible to ensure the suspect’s safe supervision in a way other than detention.
Usually, this involves placement in a Sis home, says Franzén.
Handled differently
For prosecutors, the change in the law means that 14-year-olds suspected of committing a crime must be handled differently depending on how the crime is classified. For example, a 14-year-old suspected of rape of the normal degree cannot be prosecuted, while someone suspected of aggravated rape can.
You should simply be aware of it. If the classification changes with a 14-year-old as a suspect, it can affect the possibilities of depriving the suspect of their liberty and which form of investigation should apply, says Maria Franzén.
The lowering of the age of criminal responsibility, which has been 15 in Sweden since 1864, was widely discussed by the consultation bodies. After the government backed down from its original plan to lower it to 13, the new age limit of 14 was voted through by the Tidö parties and the Social Democrats in the Riksdag in August.
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