Doli Incapax

Question 1

Children (Criminal Proceedings) Act 1987
Section 5 states the age of criminal responsibility. It shall be conclusively presumed that no child who is under the age of what can be guilty of an offence?

Answer 1

Under 10 years of age cannot be found guilty of an offence.

Question 2

Do the principals of Doli Incapax apply to children aged between 10-14 years?

Answer 2

Yes. The Principal of Doli Incapax applies.

Question 3

The prosecution must prove beyond a reasonable doubt that at the time the children committed the offence, they knew that what they were doing was what?

Answer 3

Wrong, as opposed to mischievous.

Question 4

What are forms of evidence that can rebut Doli Incapax?

Answer 4

• Statements and admissions by the child
• Behaviour of the child before and after the offence
• Prior criminal history; admissible if there is a tendency to behave in that manner. Facts in prior conviction have to be similar in nature
• School records; evidence available from teachers or disciplinary records
• Parentage or home background e.g child from a good family where stealing/assault etc not in family nature
• Psychologists/Psychiatrists; consent required from the child. Give an indication of the childs understanding of right and wrong
• Intelligence reports indicating that the child knew the difference between right and wrong
  Try to establish the child knows the difference between ‘being naughty’ and committing a crime i.e Naughty = in trouble with parents. Crime = in trouble with Policc
  The closer a childs age is to 10 , the stronger the evidence must be to rebut Doli Incapax