The minimum age of criminal capacity for children has been raised to 12. Previously, children up to the age of 10 could not be arrested or charged for a criminal offence and instead would be referred to the Department of Social Development or the Children’s Courts.
Amendments to the regulations of the Child Justice Act have now seen this age increased by two years to be more in line with international standards. Deputy Minister for Justice John Jeffery explained. The age of criminal capacity has moved up steadily. It used to be seven, so a 7-year-old could be in court and prosecuted for a crime.
“It got moved up with the Child Justice Act in 2010 or so, 2012 to 10. And then it’s just been moved up to 12. 14 is the international norm,” he said.
The issue is really about whether the child, what stage they have the capacity to, mental capacity to understand the crime that they have committed. What it is is basically up until 14 the state has to still prove criminal capacity, after 14 it’s assumed that the child then has criminal capacity but it is a complicated issue.
“Some countries have their age of criminal capacity a lot higher. You know, children can do naughty things, commit crimes but the issue is do they understand what they’re doing and should they be prosecuted for that.
Source: eNCA
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