Since the publication of The age of criminal responsibility (Urbas 2000), some jurisdictions have revised their legislation, confirming a trend over the last 20 years to uniformity in age limits for criminal responsibility. In the Australian Capital Territory, the Criminal Code 2002 Div 2.3.1 now deals with the criminal responsibility of children. From 1 July 2005 in Victoria, the age jurisdiction of the criminal division of the Children's Court has increased from 17 to 18 years. In Queensland, for the purposes of the Juvenile Justice Act 1992 a child is a person who has not turned 17 years.
Doli incapax means a presumption that a child is "incapable of crime" under legislation or common law. Recent Australian reviews (Bradley 2003 and Crofts 2003) have discussed amending the doli incapax presumption, including reversing the onus of proof and changing its application to ages twelve and under.
| Jurisdiction | Cannot be charged with a criminal offence | Doli incapax | Maximum age for appearance in child, juvenile or youth court |
|---|---|---|---|
| Commonwealth | Under 101(a) | 10 to under 141(b) | n/a |
| Australian Capital Territory | Under 102(a) | 10 to under 142(b) | Under 182(c) |
| New South Wales | Under 103(a) | 10 to under 143(b) | Under 183(c) |
| Northern Territory | Under 104(a) | 10 to under 144(b) | Under 184(c) |
| Queensland | Under 105(a) | 10 to under 145(b) | Under 175(c) |
| South Australia | Under 106(a) | 10 to under 146(b) | Under 186(c) |
| Tasmania | Under 107(a) | 10 to under 147(b) | Under 187(c) |
| Victoria | Under 108(a) | 10 to under 148(b) | Under 188(c) |
| Western Australia | Under 109(a) | 10 to under 149(b) | Under 189(c) |
| Not applicable: Dealt with in accordance with state/territory laws | |||
Sources
- Cth: 1(a) Crimes Act 1914 s4M; Criminal Code Act 1995 s7.1; 1(b) Crimes Act 1914 s4N; Criminal Code Act 1995 s7.2
- ACT: 2(a) Criminal Code 2002 s25; 2(b) Criminal Code 2002 s26; 2(c) Children and Young People Act 1999 Part 1.3 ss7 and 8, and s69
- NSW: 3(a) Children (Criminal Proceedings) Act 1987 s5; 3(b) Common law doli incapax; 3(c) Children (Criminal Proceedings) Act 1987 s3
- NT: 4(a) Criminal Code Act s38(1); 4(b) Criminal Code Act s38(2); 4(c) Juvenile Justice Act s3
- QLD: 5(a) Criminal Code Act 1899 s29(1); 5(b) Criminal Code Act 1899 s29(2); 5(c) Juvenile Justice Act 1992 Schedule 4
- SA: 6(a) Young Offenders Act 1993 s5; 6(b) Common law doli incapax; 6(c) Young Offenders Act 1993 s4;
- TAS: 7(a) Criminal Code Act 1924 s18(1); 7(b) Criminal Code Act 1924 s18(2); 7(c) Youth Justice Act 1997 s3
- VIC: 8(a) Children and Young Persons Act 1989 s127; 8(b) Common law doli incapax; 8(c) Children and Young Persons Act 1989 s3
- WA: 9(a) Criminal Code Act Compilation Act 1913 s29; 9(b) Criminal Code Act Compilation Act 1913 s29; 9(c) Young Offenders Act 1994 s3
References
- Bradley L 2003. The age of criminal responsibility revisited. Deakin law review 4. Web version available at http://www.austlii.edu.au/
- Crofts T 2003. Doli incapax: why children deserve its protection. E-law 10(3):1-15. Web version available at http://www.murdoch.edu.au/elaw/issues/v10n3/crofts103.html
- Urbas G 2000. The age of criminal responsibility. Trends & issues in crime and criminal justice no 181.