Will Australia Raise the Minimum Age of Criminal Responsibility?

For many decades there have been calls for an increase in the minimum age of criminal responsibility (MACR) in Australia and in other common law jurisdictions. Despite this the State and Territory governments have largely been resilient to making any change. Such reluctance may, however, be set to change in Australia with the Government of the Northern Territory endorsing ‘in principle’ an increase in the MACR in the Northern Territory. This article examines the likelihood of the MACR being raised in the Northern Territory and theimpact this may have on the rest of Australia. It also considers what such an increase would mean for the rebuttable presumption of doli incapax which currently applies from the age of 10 until a child’s 14th birthday. This article argues that a higher minimum age level of criminal responsibility than 12 would be preferable but that this is a good step that will put the Northern Territory in line with other common law countries which have already made this change. It will also increase pressure on other Australian States and Territories and other countries which follow the traditional common law approach to raise their MACR. Finally, it argues that if the MACR is raised only to 12 the presumption of doli incapax should be retained for those aged 12 and 13

Prosecuting Child Offenders: Factors Relevant to Rebutting the Presumption of Doli Incapax

Despite existing since ancient times the presumption of doli incapax — that is, the presumption that children lack the moral and intellectual development to have the capacity to be guilty of crime — appears to be a relatively nebulous concept. Criticisms that the presumption is both over- and under-protective of children reveal diverse views and uncertainty about exactly how the presumption (and its legislative equivalents) does, and should, operate. This article takes the occasion of the recent High Court of Australia case of RP v The Queen 2016 HCA 53; (2016) 259 CLR 641 as a prompt to address this lack of clarity. It comprehensively reviews current case law to critically evaluate the sort of factors that have been used to establish that a child is sufficiently developed to be found criminally responsible

The common law influence over the age of criminal responsibility - Australia

This article explores how Australian jurisdictions came to have an approach to the age of criminal responsibility similar to that which existed in England and Wales until 1998. It discusses recent debates in Australia about reforming the minimum age of criminal responsibility and the presumption of doli incapax. This shows that while there has been criticism of the presumption of doli incapax within Australia no jurisdiction has taken the English step of abolishing it. It finds that a greater challenge to the presumption of doli incapax may, however, come from calls for an increase in the minimum age of criminal responsibility to the age of 12. While several common law countries have raised the minimum age level to 12 (as called for by the UN Committee on the Rights of the Child), they have also abolished the presumption of doli incapax, thus reducing protection for 12- and 13-year-olds. This article argues that unless the minimum age of criminal responsibility is raised to 14 or 16, as preferred by the UN Committee, there are good reasons to retain the presumption of doli incapax

A new bill keeping 10 year olds out of jail is a good start, but it needs to go further

A nine-year-old boy was recently charged with arson and five counts of murder in Illinois, US. In court, the boy didn’t even understand what “arson” meant.In Australia, a nine year old cannot be prosecuted and found guilty of an offence, but a ten year old can. From ten until 14, children can be held criminally responsible in criminal proceedings if there is proof the child understood the wrongfulness of their behaviour.But it’s increasingly clear ten years old is too young for a child to be held criminally accountable.There have been calls for an increase to the minimum age of criminal responsibility in Australia for many decades. The commonwealth, state and territory governments have so far been reluctant to change the age level – but that may soon change

Provocation, NSW Style: Reform of the Defence of Provocation in NSW

Following a high profile and controversial case in which the defendant successfully invoked the provocation defence, the NSW government established a select parliamentary committee to review the defence and its operation. The Committee recommended that the current defence be 'relabelled' a defence of 'gross provocation,' which was structured substantially along the lines of the reform recommended by the Law Commission for England and Wales in 2004. The NSW government has recently responded with a different proposal for a partial defence of 'extreme provocation.' This article critically evaluates the proposed reform of the provocation defence in NSW

Sexting in Hong Kong: a complex interplay between young people, technology, and law

Sexting by young people is a complex issue concerning the interplay between the participants’ exploration and representation of their developing sexuality, and their use of new communication technologies to socialize in a digital age. Added to this complexity is the way in which the law deals with such sexting, with some jurisdictions allowing prosecution under child pornography laws, while others have introduced measures to prevent the criminalization of young people. This article examines this complex interplay, with a particular focus on Hong Kong. It reviews data on the practice and prevalence of sexting both overseas and in Hong Kong, and explores why sexting is of legal concern. It then examines what legal responses are available for addressing sexting, with a particular focus on child pornography laws. After discussing why it is undesirable to allow prosecution of young people who sext under child pornography laws, the article considers alternative avenues to address sexting in Hong Kong. This includes a review of offences adopted in other jurisdictions as well as some offences recently enacted in Hong Kong and a consideration of non-legal responses

Legislative approaches to recognising the vulnerability of young people and preventing their criminalisation

Discusses the introduction by the Modern Slavery Act 2015 s.45 of a specific defence for children over the minimum age of criminal responsibility, (MACR) but under 18, which recognises their vulnerability, and considers its wider implications. Reviews the politicisation of youth crime, the role of the media, the position in Scotland and Wales, and the arguments for raising the MACR and introducing a further defence of developmental immaturity. Legislation cited Modern Slavery Act 2015 (c.30)s.4

Pre-conceptual Design Assessment of DEMO Remote Maintenance

EDFA, as part of the Power Plant Physics and Technology programme, has been working on the pre-conceptual design of a Demonstration Power Plant (DEMO). As part of this programme, a review of the remote maintenance strategy considered maintenance solutions compatible with expected environmental conditions, whilst showing potential for meeting the plant availability targets. A key finding was that, for practical purposes, the expected radiation levels prohibit the use of complex remote handling operations to replace the first wall. In 2012/13, these remote maintenance activities were further extended, providing an insight into the requirements, constraints and challenges. In particular, the assessment of blanket and divertor maintenance, in light of the expected radiation conditions and availability, has elaborated the need for a very different approach from that of ITER. This activity has produced some very informative virtual reality simulations of the blanket segments and pipe removal that are exceptionally valuable in communicating the complexity and scale of the required operations. Through these simulations, estimates of the maintenance task durations have been possible demonstrating that a full replacement of the blankets within 6 months could be achieved. The design of the first wall, including the need to use sacrificial limiters must still be investigated. In support of the maintenance operations, a first indication of the requirements of an Active Maintenance Facility (AMF) has been elaborated.Comment: 6 pages, 5 figure