The defence of doli incapax still awaits resurrection, says Dr Thomas Crofts
It is widely understood by academics and practitioners that the introduction of the Crime and Disorder Act 1998 (CDA 1998), s 34 completely abolished the doctrine of doli incapax, with the effect that children from the age of 10 are held as responsible for their behaviour as adults.
A recent case in the High Court now challenges this accepted understanding of the effect of s 34, questioning whether it abolished merely the presumption of doli incapax or the whole doctrine. If the latter is the case then it would still be open for a defence to be raised that the child was doli incapax.
EFFECT OF S 34
DPP v P [2007] EWHC 946 (Admin), [2007] All ER (D) 244 (Apr) concerned an appeal against a decision to stay proceedings as an abuse of process against a 13-year-old boy. This was based on a finding that the boy would not be able to effectively participate in the trial due to attention deficit hyperactivity
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