Legal and clinical enactment of the<i>doli incapax</i>defence in the supreme court of Victoria, Australia

Bartholomew, Terry

doi:10.1080/13218719809524923

Cited by 8 publications

(4 citation statements)

References 22 publications

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“…Despite the obvious failures of the ‘doli incapax’ provision, the Australian Government considers it to be ‘a practical way of acknowledging differences in children's developmental capabilities’, and that 10 years old is an appropriate minimum age limit [for criminal responsibility], based upon ‘the impact of increased access to education and information technology, community expectations and the unique historical and cultural context of Australian law and society’ 19 . This is counter to evidence regarding the wide variation in decision‐making capacities of younger children, compounded by the additional adversities faced by these particular children who are already disengaged from school before entering custody 17,20 . The ‘community expectations’ have also been misread.…”

Section: Children Within the Criminal Justice Systemmentioning

confidence: 84%

“…'Doli incapax' is Latin for 'incapable of evil', and is the rebuttable presumption that a child aged under 14 years does not know that his or her criminal conduct is wrong, unless the contrary is proved. 17 This premise should protect children at court, and provide even stronger protections for vulnerable young children with neurocognitive disabilities. The Australian Law Reform Commission has noted the prosecution may attempt to lead or persuade the child into an acknowledgement of wrongdoing in an attempt to rebut the presumption of doli incapax.…”

Section: Doli Incapaxmentioning

confidence: 99%

“…19 This is counter to evidence regarding the wide variation in decision-making capacities of younger children, compounded by the additional adversities faced by these particular children who are already disengaged from school before entering custody. 17,20 The 'community expectations' have also been misread. A research poll of 1092 Australians in early 2021 commissioned by Amnesty International Australia found that only 1 in 10 Australians knew the correct MACR, with more than two thirds believing the MACR was 14 years or older.…”

Section: Doli Incapaxmentioning

confidence: 99%

“…‘Doli incapax’ is Latin for ‘incapable of evil’, and is the rebuttable presumption that a child aged under 14 years does not know that his or her criminal conduct is wrong, unless the contrary is proved 17 . This premise should protect children at court, and provide even stronger protections for vulnerable young children with neurocognitive disabilities.…”

Section: Children Within the Criminal Justice Systemmentioning

confidence: 99%

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Raising the minimum age of criminal responsibility to 14 years

Haysom¹

2022

J Paediatrics Child Health

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At 10 years of age, Australia and New Zealand have one of the lowest ages for criminal responsibility across the developed world. Evidence shows that children under 14 years of age are not mature enough to be considered criminally responsible people. Children of this age do not have the ability to advocate for themselves within the criminal justice system, which is systematically biased in how it deals with the youngest offenders. The over‐representation of Indigenous youth within the justice system is seen at its most extreme in the 10–14 years age group, and contact with the criminal justice system at this age is strongly associated with re‐offending, and is considered ‘criminogenic’. Raising the minimum age of criminal responsibility is likely to decrease overall rates of youth offending, and reduce the over‐representation of Indigenous children at all points of contact with the criminal justice system.

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Section: Children Within the Criminal Justice Systemmentioning

confidence: 84%

Section: Doli Incapaxmentioning

confidence: 99%

Section: Doli Incapaxmentioning

confidence: 99%

Section: Children Within the Criminal Justice Systemmentioning

confidence: 99%

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Raising the minimum age of criminal responsibility to 14 years

Haysom¹

2022

J Paediatrics Child Health

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Justice reinvestment—Local solutions for young people in contact with the criminal justice system, but should more be done?

Haysom

2024

Aust J Social Issues

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Justice Reinvestment aims to prevent young people coming into contact with the criminal justice system through place‐based, data‐driven and evidence‐based community solutions developed through community‐based leadership and partnerships. The initiative also advocates for strategic changes to the justice system, with any savings reinvested into successful community programs. This paper will discuss the historical, international and local perspectives of Justice Reinvestment, recent Commonwealth funding opportunities, and how well these initiatives work for young people in New South Wales.

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Naughty or bad? The role of expert evidence in rebuttal of thedoli incapaxpresumption

Apler¹

2000

Psychiatry, Psychology and Law

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Legal and clinical enactment of thedoli incapaxdefence in the supreme court of Victoria, Australia

Cited by 8 publications

References 22 publications

Raising the minimum age of criminal responsibility to 14 years

Raising the minimum age of criminal responsibility to 14 years

Justice reinvestment—Local solutions for young people in contact with the criminal justice system, but should more be done?

Naughty or bad? The role of expert evidence in rebuttal of thedoli incapaxpresumption

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