Doli Incapax in UK Law
- Children: Doli Incapax
- No Defence of Doli Incapax
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Unfitness to Plead and the Overlap with Doli Incapax: An Examination of the Law Commission's Proposals for a New Capacity Test
The Law Commission published Consultation Paper No. 197 in October 2010 on unfitness to plead. This article will focus on the relationship between the proposed capacity test and the abolition of th...
- Rebutting the Presumption of Doli Incapax
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Protections for children before the law: An empirical analysis of the age of criminal responsibility, the abolition of doli incapax and the merits of a developmental immaturity defence in England and Wales
The law’s response to child offenders has long animated debate and sparked doctrinal law reform in England and Wales. The provision of legal protections for children in trouble with the law has bee...
- Abolition of the Presumption of Doli Incapax for 10–14 Year-Olds
- Merely Naughty or Seriously Wrong? ‘Childish Sexual Experimentation’ and the Presumption of Doli Incapax
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The Minimum Age of Criminal Responsibility in Victoria (Australia): Examining Stakeholders’ Views and the Need for Principled Reform
In Australia, children as young as 10 are charged, convicted and sentenced for breaches of the law. Drawing on interviews with youth justice professionals in Victoria, this study finds that inconsi...... ... practice undermine the extent to which the common law presumption of doli incapax offers an effective legal safeguard for very young children in ... ...
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Criminal Responsibility and Children: A New Defence Required to Acknowledge the Absence of Capacity and Choice
When children reach 10 years old they are exposed to the full brunt of the criminal law with no defence available to them to reflect their status as children. Legal theorists have repeatedly argued...... ... therefore benefit from a new defence which moves away from the doli incapax emphasis on moral understanding and is available to children up to ... ...
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Court of Appeal
... ... Ben Middleton Doli Incapax : The Culpability of Children in Criminal Law R v T [2008] EWCA ... ...
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