Defence: Children

Subjects | Law Notes | Criminal Law

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Children below the age of 10

⇒ A child below the age of 10 cannot be convicted of a criminal offence (Children and Young Persons Act 1933, section 50). This is an absolute rule.

⇒ A child who commits a serious offence may be taken into care by the local authority, but this is a civil, not criminal, matter.

A child aged 10 to 14

⇒ A child between 10 and 14 can be convicted of a crime.

⇒ Section 34 of the Crime and Disorder Act 1998 abolished the common law presumption that a child between 10 and 14 was doli incapax, meaning that a child was not capable of committing a crime because he or she did not know the difference between right and wrong.

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