Preliminary Legal Studies - Doli Incapax

- Incapable of doing wrong

- A child under the age of 10 can not be held legally responsible for a criminal or civil offence under Sect 5 of the Children (Criminal Proceedings) Act 1987.

- Children are deemed to be not developmentally aware enough to know the consequences of their actions

- 10-14 becomes a bit greyer and is based on the court and each individual case

- As soon as the person reaches the age of 15 doli incapax is no longer applicable

The "test"

- Did the child know the act was seriously wrong instead of 'naughty'?

- The evidence MUST BE STRONG and clear beyond all reason and doubt

- The evidence must prove the accused's guilty knowledge, as defined, and not mere proof of committing the act no matter how horrific or clearly wrong the act is

- It is not a defence

Equality - the Rule of Law

- The equal treatment of everyone before the law. No one is above the law.

- In criminal law there is a presumption that a child under the age of 10 years cannot be held legally liable for his or her actions and cannot therefore be found guilty of a criminal or civil offence. This is referred to as doli incapax, meaning "incapable of wrong".

- In criminal law, a ten year old will be treated differently to a 17 year old who will be treated differently to a 40 year old. Does this meet the test of equality in a just law?

- Yes, because some people are more vulnerable than others (children, the elderly, mentally ill), therefore the law seeks to protect them and ensure that their responsibility reflects their capacity.

- Conversely, some people have more power and therefore higher obligations (doctors, teachers, lawyers, police) and the law seeks to protect those who rely upon them.