5. Justification and Excuse Including Infancy Flashcards
‘Justified’ means
that the person is not guilty of an offence and is not civically liable
‘Protected from criminal responsibility’ means
that the person is not guilty of an offence but civil liability may still arise
Defences for children
Under 10 (Section 21)
Can’t be convicted for any crime when under 10 however still need to find out if they are guilty or not guilty
Defences for children
Between 10 and 14 (Section 22)
Can be convicted if they knew the act or omission was wrong or contrary to the law
Test of this knowledge is a mens rea and actus rea requirement.
R v RAPIRA
Child MUST KNOW it was wrong but does not need to understand the seriousness of it
R v FORREST and FORREST
The best evidence possible in the circumstances should be adducted by the prosecution in proof of the victims age
What happens if no birth certificate available?
In R v CLANCY the mother of child was sufficient to prove the complainants age
Where are child offenders referred to
Care and Protection Co-ordinator until they reach the age of 14 years
Offences committed by children under 10 should have some action. What are these actions?
Report to OT as a care and protection matter
Children 10 - 13 charged with murder or manslaughter
Dealt with via youth justice provisions. First appearance youth court then High Court
YP 14 - 16 charged with murder or manslaughter
Same as child 10 - 13, YC then HC.
Can be imprisoned for life or at least 14 years
Prosecution of other serious offending for 12 - 13 year olds
- Where the offence is 14 years to life (other than murder or manslaughter)
- Where the child is 12 or 13 years and is a previous offender for a serious offence and the offence is punishable by 10 - 14 years imprisonment
