Infancy (Urgent)

Johnny Utah

I'd greatly appeciate it if anyone could provide a link to an article on the law of infancy/doli incapax as it currently stands.

Afaik the law in this area changed in 2006, and unfortunately all the main textbooks (Charlton/Hanly/McIntyre) and even the current Griffith manual seem to be out of date.



Thanks- help appreciated

johnnyskeleton

Part 5 of the Children Act, 2001.

Commenced by SI 524/07 if I recall correctly.

Tom Young

Nah, doli incapax is gone unfortunately/entirely abolished.

S.52(3) od the Children Act 2001 (as substituted by the Criminal Justice Act 2006).

Proceedings against a child under the age of 14 must be carried out with the consent of the DPP - See 52 (4).

For your reference search Section 129 of this act http://www.oireachtas.ie/documents/bills28/acts/2006/A2606.pdf and seek out the term 'abolished'.

Tom

Tom Young

PS: Utah you're right, none of the text books are in date in re. this matter. See the act and also see Section 134. Ciao.

Thirdfox

Oh, they've finally commenced it? I remember our criminal lecturer saying that she rang them up evey year and got the same response - "should be next year".

Have they sorted out the juvenile courts shortages then? (Apparently that was one of the reasons they couldn't comence that part of the act).

Tom Young

Thirdfox wrote: »

Oh, they've finally commenced it? I remember our criminal lecturer saying that she rang them up evey year and got the same response - "should be next year".

Have they sorted out the juvenile courts shortages then? (Apparently that was one of the reasons they couldn't comence that part of the act).

Yeah but see the 2006 Act, it was commenced but I believe superceeded ....unless I am reading it wrong.

Johnny Utah

Thanks for the help. As I understand, the law on infancy is currently:





The Children Act (as amended by the Criminal Justice Act 2006)
Section 52 (as amended) states:

(1) Subject to subsection (2), a child under
12 years of age shall not be charged with an
offence.

(2) Subsection (1) does not apply to a child
aged 10 or 11 years who is charged with murder,
manslaughter, rape, rape under section 4 of the
Criminal Law (Rape) (Amendment) Act 1990 or
aggravated sexual assault.

(3) The rebuttable presumption under any rule
of law, namely, that a child who is not less than 7
but under 14 years of age is incapable of committing
an offence because the child did not have the
capacity to know that the act or omission concerned
was wrong, is abolished.

(4) Where a child under 14 years of age is
charged with an offence, no further proceedings in
the matter (other than any remand in custody or
on bail) shall be taken except by or with the consent
of the Director of Public Prosecutions”.


Section 76C of the Children Act 2001 states:
Where a child under 14 years of age is
charged with an offence, the Court may, of its own
motion or the application of any person, dismiss
the case on its merits if, having had due regard to
the child’s age and level of maturity, it determines
that the child did not have a full understanding of
what was involved in the commission of the offence.”.















Does this mean that there is no rebuttable presumption at all now?- under the common law there was a rebuttable presumption between 7-14 years....

(The 2001 Act in sub-section 2 actually mentions the rebuttable presumption between 12-14,
but the 2006 Act, which amends the provision, in sub-section 3 provides that the rebuttable presumption is abolished.)

Tom Young

See above, 2006 neutralises that. It abolishes Doli Incapax.

I am told a presumption of Doli Incapax might be allowed - but with deference to the 2006 Act.

Johnny Utah

I fully understand the changes now. I was tired and a bit confused the other night, but I'm quite clear on infancy now.

Once again thanks for the help- Johnny S & Tom- much appreciated.