Reforming the age of criminal responsibility

Abstract

This article discusses the age at which criminal responsibility should begin and whether there is still a need for the rebuttable presumption of doli incapax. It clarifies the various meanings given to the concept of the age of criminal responsibility and considers its importance. Some common law countries have moved away from the traditional position of a minimum age level of 7 years and a rebuttable presumption of doli incapax from 7 years until 14 years. In doing so, there has been a tendency to raise the minimum age of criminal responsibility to 12 years and abolish the rebuttable presumption of doli incapax. After analysising these changes, the article argues that there is still a place for this presumption unless and until the minimum age of criminal responsibility is raised to the level preferred by the United Nations Committee on the Right of the Child.