Determining the Age of Criminal Capacity: Acting in the best interest of children in conflict with the law

Abstract

This article aims to stimulate critical discourse on the current practices regarding best interest of children in conflict with the law. The issue explored is whether determining the criminal capacity of children in conflict with the law is in the best interest of these children.Findings indicated that logistical and operational challenges are denying child offenders services as intended in the Act. In the light of this finding, the article advocates for keeping a clear vision of the Act’s restorative and rehabilitative intention as opposed to following a pragmatic approach during the upcoming review of the age of criminal capacity.