5. Justification and Excuse including Infancy page 63-70 Flashcards
Define ‘justified’
In relation to any person, “justified” means that the person is not guilty of an offence and is not liable civilly
Define ‘protected from criminal responsibility’
means the person is not guilty of an offence but civil liability may still arise
What can children under 10 be charged with?
Nothing
What is the rule about children between 10 and 14 being convicted
No person over 10 or under 14 shall be convicted of an offence UNLESS he knew either that the act or omission was wrong or that is was contrary to law
Do you still have to establish whether or not the child under 10 is guilty?
yes
If a person is deemed to have been justified and not criminally liable for an offence, may they then be proceeded against in a civil action?
no
When interviewing 10-13 year old children for the offence of murder, what must be shown in addition to the mens rea and actus reus requirements for the child to be held criminally liable for the offence?
It must be shown that the child knew their act was wrong or contrary to law
From whom should you seek advice in relation to questioning of children and young persons?
District Youth Prosecutor
A 13 yo is charged with murder. He appears in youth court. Where does he appear next?
High Court
