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Jon Venables, who was given a new identity when he was released in 2001, was taken back into custody after an unspecified breach of his parole conditions. Image Credit: Supplied

London: A senior government adviser on children's rights says two 10-year old boys convicted of the murder of a 2-year-old should never have been prosecuted.

Maggie Atkinson, Children's Commissioner for England, was quoted as telling The Times of London newspaper on Saturday that Jon Venables and Robert Thompson should not have been tried over the 1993 killing.

She said no child aged under 12 should be prosecuted, as they are too young to understand the consequences of their actions.

Thompson and Venables were jailed over the murder of 2-year-old James Bulger in Liverpool, northern England. They were released from prison in 2001.

Venables has recently been sent back to prison while police investigate allegations he has committed new crimes since his release.