Law and Rights
Most countries have recognised a need to have an age of criminal responsibility. Those under the age may not be convicted of an offence. English common law set the age at 8 but it was raised to 10 by the Children and Young Persons Act 1933 s.50. Until the Crime and Disorder Act 1998 there was a further important rule. A child in the age range 10 to under 14 could not be convicted of an offence unless the prosecution could prove that the child knew that the act he was doing was seriously wrong. However, that rule was abolished by the 1998 Act s.34 and, after some doubt raised by CPS v P [2007] EWHC 946 (Admin), the total abolition of the age 10-14 rule was confirmed by T [2008] EWCA Crim 815.
With somewhat questionable timing (in the light of the return to custody of Venables), the Children's Commissioner for England has put forward the view that the age of criminal responsibility should be raised to 12 - see BBC 13th March. Currently, there is a move in Scotland to do just that - BBC 1st March. Many European countries have higher ages than 12.
Whatever the arguments relating to the actual age chosen, is it wise to merely raise the age without also undertaking a detailed review and thorough overhaul of the methods of dealing with those below the age who have committed what would otherwise have been offences?
Links: Children's Commissioner for England / for Wales / for Northern Ireland /for Scotland
Addendum: Here are the views of Baroness Butler-Sloss and also comments from members of the public - The Times 14th March. The learned Baroness is undoubtedly right in saying that no government would put raising this age to the general public at the moment - especially, one might add, with a general election looming.
- A Few Items Of Interest ....
Ladybower Reservoir December 2014 Advocacy: Law students and those starting a career in advocacy would do well the read this article by Nigel Pascoe QC - The Art of Cross Examination. Age and the law: In this link, Dan Bunting contrasts the age of consent...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 2 (modern System)
Updated 30th August The key features of the youth justice system: For youth justice purposes, a child is aged 10 to 13 and a young person is aged 14 to 17. Persons under age 10 cannot, in law, be guilty of a criminal offence though local authorities...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 1 (background)
Previous posts in this series: No.1 - Legal Personnel No.2 - Courts of Law and Tribunals No.3 - The Judges No.4 - Juries No.5 - Magistrates No.6 ? Sources of Law For the purposes of youth justice, a "child" is under age 14. A "young person" is...
- Getting Cases To The Crown Court For Trial And The Venables Case
There are a number of ways by which a case gets into the Crown Court for trial. Where the offence is "either-way" (i.e. triable by either Magistrates or Crown Court) there will be "committal proceedings" if either the Magistrates' Court...
- Youth Justice: Information Delayed?
According to a report in The Independent (17th March), publication of data for the year 2008-9 relating to "disposals" of criminal offences committed by children (ages 10 to under 14) and young persons (14 to under 18) is being delayed due to the impending...
Law and Rights
Should we raise the age of criminal responsibility?
With somewhat questionable timing (in the light of the return to custody of Venables), the Children's Commissioner for England has put forward the view that the age of criminal responsibility should be raised to 12 - see BBC 13th March. Currently, there is a move in Scotland to do just that - BBC 1st March. Many European countries have higher ages than 12.
Whatever the arguments relating to the actual age chosen, is it wise to merely raise the age without also undertaking a detailed review and thorough overhaul of the methods of dealing with those below the age who have committed what would otherwise have been offences?
Links: Children's Commissioner for England / for Wales / for Northern Ireland /for Scotland
Addendum: Here are the views of Baroness Butler-Sloss and also comments from members of the public - The Times 14th March. The learned Baroness is undoubtedly right in saying that no government would put raising this age to the general public at the moment - especially, one might add, with a general election looming.
- A Few Items Of Interest ....
Ladybower Reservoir December 2014 Advocacy: Law students and those starting a career in advocacy would do well the read this article by Nigel Pascoe QC - The Art of Cross Examination. Age and the law: In this link, Dan Bunting contrasts the age of consent...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 2 (modern System)
Updated 30th August The key features of the youth justice system: For youth justice purposes, a child is aged 10 to 13 and a young person is aged 14 to 17. Persons under age 10 cannot, in law, be guilty of a criminal offence though local authorities...
- Explaining Our Law And Legal System ... No.7 ... Youth Justice ... Part 1 (background)
Previous posts in this series: No.1 - Legal Personnel No.2 - Courts of Law and Tribunals No.3 - The Judges No.4 - Juries No.5 - Magistrates No.6 ? Sources of Law For the purposes of youth justice, a "child" is under age 14. A "young person" is...
- Getting Cases To The Crown Court For Trial And The Venables Case
There are a number of ways by which a case gets into the Crown Court for trial. Where the offence is "either-way" (i.e. triable by either Magistrates or Crown Court) there will be "committal proceedings" if either the Magistrates' Court...
- Youth Justice: Information Delayed?
According to a report in The Independent (17th March), publication of data for the year 2008-9 relating to "disposals" of criminal offences committed by children (ages 10 to under 14) and young persons (14 to under 18) is being delayed due to the impending...