5. Justification and excuse Including Infancy

Question 1

Defences for children
S21

Answer 1

21 - Children under 10
No person shall be convicted of an offence when under the age of 10 years.

Nevertheless, even though the child cannot be convicted, you still have to establish whether or not they are guilty.

Question 2

Defences for children

S22

Answer 2

22 - Children between 10 and 14
(1) No person shall be convicted of an offence when aged 10 but under the age of 14 years, unless he knew either that the act or omission was wrong, or contrary to law.

Question 3

Proof of age
R v Forrest and Forrest

Answer 3

R v Forrest and Forrest
The best evidence possible in the circumstances should be adduced by the prosecution in proof of [the victim’s] age.

Question 4

Prosecution of Child Offenders
Charging and Decision Making and Methods of dealing

Under 10
10-13
14 - 16

Answer 4

Under 10 - OT Care and Protection Matter

10-13 -Cat 4 Murder and Manslaughter (or offences subject to S272 OT Act 12-13 year olds), appear in DC, transfer to high court. Can be sentenced to life, detained in OT.

14 - 16. Cat 4, and Cat 13 (14+) appear in DC, transfer to high court. Can be sentenced to life, detained in OT.