inds Children Under 14 Should Be Shielded from Criminal Responsibility.. скачать в хорошем качестве

inds Children Under 14 Should Be Shielded from Criminal Responsibility..

A recent New South Wales review has recommended that children aged 10 to 14 should be legally presumed incapable of committing a crime, reinforcing the centuries-old principle of doli incapax—Latin for “incapable of evil.” The review was led by Geoffrey Bellew SC, former Supreme Court judge and current chair of the state parole authority, alongside former NSW police deputy commissioner Jeffrey Loy. Currently, the criminal age of responsibility in NSW is 10. Under the common law presumption of doli incapax, children under 14 may be protected from prosecution if they cannot fully grasp the difference between right and wrong. Prosecutors can rebut this presumption, but a 2016 High Court ruling clarified that they must prove the child understood the serious wrongdoing of their actions. Since that ruling, convictions for children aged 10 to 13 have dramatically declined. Data from the NSW Bureau of Crime Statistics and Research (Bocsar) shows prosecutions in this age group fell from 76% in 2015–16 to just 16% in 2022–23. However, Aboriginal children and those from regional or remote areas remain disproportionately represented in the criminal justice system. Aboriginal legal groups have called for raising the minimum criminal age to 14 and removing the rebuttable presumption entirely. The review made seven key recommendations, including establishing a clear legislative framework to uphold the doli incapax presumption for children aged 10–13. Bellew and Loy noted that while the current test for rebuttal sets a high bar, this safeguard is essential to protect vulnerable children from being held criminally responsible prematurely. The report emphasized that youth crime, though a concern, involves only a small fraction of children aged 10–13. It warned against conflating issues involving older youths with the behavior of this younger group. Recommendations also include introducing voluntary pathways for children in the criminal justice system, such as referrals, conduct assessments, and support plans for those with complex needs. Court orders for therapeutic treatment for children in certain circumstances were also suggested. NSW Attorney General Michael Daley stated that the review highlights flaws in the current system, stressing that children should not be left unsupported after charges are dismissed or withdrawn. Aboriginal Legal Service CEO Karly Warner welcomed the report, emphasizing that incarceration can worsen trauma and increase the likelihood of reoffending. Timothy Roberts, president of the NSW Council for Civil Liberties, criticized the review as unnecessary, highlighting the importance of ensuring children understand the wrongdoing they are accused of before facing criminal charges. He noted that reducing the number of young children in prison is a positive outcome for the community. #NSWNews #ChildProtection #YouthJustice #DoliIncapax #LegalReform #CriminalResponsibility #JusticeForChildren #YouthRights #NSWGovernment #ChildWelfare #LegalUpdate #JuvenileJustice #ProtectOurKids #NSWReview #criminallaw