Epilogue

Elliott, Jackie

doi:10.1017/cbo9781139226417.007

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“…While this provided a buffer between children just over the MACR and the full rigours of criminal responsibility, it in no way reflected the complexity of the issue of criminal responsibility. 102 Elliott criticises it for focusing narrowly on 'the moral awareness of the child', 103 noting that: . .…”

Section: The Form Of the Defencementioning

confidence: 99%

After the age of criminal responsibility: a defence for children who offend

McDiarmid¹

2016

NILQ

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In Scotland, the age of criminal responsibility is 8, although children cannot be prosecuted until they are 12. In England and Wales, for all purposes, the age is 10. This article argues that a further mechanism is needed to protect the young who do wrong within the criminal process and it argues for a new, bespoke defence, to be available to young people from the age of criminal responsibility until they attain the age of 18. It looks firstly at criminal capacity – what it is that needs to be understood fairly to hold anyone criminally responsible – and draws on material from developmental psychology and neuro-science, as well as looking at the child’s lived experience, to provide some evidence that the young may, without fault, lack this capacity. It then examines the use of age generally in law, and the age of criminal responsibility within this. Next, it considers existing lack of capacity defences – nonage, diminished responsibility, insanity (or mental disorder) and absence of mens rea – to consider their suitability for use by young and immature defendants. Finally, it presents a proposal for the form of the new defence, taking into account the need for balance with the public interest in conviction of the guilty. Throughout, it notes and analyses the Law Commission’s proposals in this respect.

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Section: The Form Of the Defencementioning

confidence: 99%

After the age of criminal responsibility: a defence for children who offend

McDiarmid¹

2016

NILQ

View full text Add to dashboard Cite

show abstract

Epilogue

Cited by 1 publication

References 0 publications

After the age of criminal responsibility: a defence for children who offend

After the age of criminal responsibility: a defence for children who offend

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