Abolition of the Presumption of Doli Incapax and the.
As has been mentioned, the doctrine of doli incapax was originally introduced in the 14th century, when it protected 10 to 13-year-olds from harsh adult justice. Surely things have changed significantly, so that rather than being exposed to harsh adult justice, a child is in the 1990s more likely to be helped than punished on being found guilty of a crime at that age.
The age of criminal responsibility is the age at which it is possible to be charged with a crime and put on trial. (REFERENCE) The UN Committee suggested that twelve is a too low number on the rights of a child and has recommended that “serious consideration to be given to rising the age of criminal responsibility throughout the areas in the UK”.
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The presumption of doli incapax was designed to mitigate the low age of criminal responsibility. Unless the prosecution could prove that a child under 14 knew that their actions were seriously wrong (as opposed to merely naughty) they could not be held criminally responsible.
However an increase of the age of criminal responsibility may happen soon in Scotland following the recommendation of an expert advisory group tasked by the Scottish Government with considering the implications of raising the age from 8 to 12 years.
The Attorney General's Department initiated a review of the doli incapax and the age of criminal responsibility in response to the case. A child under ten is said to be doli incapax, that is, incapable of crime. Mainly due to Doli Incapax findings, the conviction rate for sexually abusive youth aged between 10 and 14 years was extremely low.