5. Justification And Excuse Including Infancy

Question 1

Justified defined

Answer 1

Person is not guilty of an offence and is not liable civilly.

Question 2

Prosecution : General Rule

Answer 2

Child offenders will be referred to the Care and Protection Co-ordinator until they reach the age of 14 years

Question 3

Prosecutions : Children u10

Answer 3

Offences committed by children under the age of 10, consider to be dealt with Care and Protection matter.

Report to OT for attention of the Care and Protection Co-ordinator

Question 4

Prosecution : child 10-13 years charged with murder or manslaughter

Answer 4

Usually dealt with OT.
Charges filed in DCourt
First appearance takes place in Youth Court
Transfer to High Court

Can be sentenced to imprisonment for murder or manslaughter be detained in a Justice Residence.

Children needing care can be detained in a Care and Protection residence