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13 September 2007 / B Mahendra
Issue: 7288 / Categories: Features , Professional negligence , Personal injury
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Doc Brief

DOLI INCAPAX >>
PROTECTING THE INCAPABLE ELDERLY >>
RIGHT TO REFUSE TREATMENT >>
A NOT SO GOOD SAMARITAN? >>

RIGHT, WRONG AND CAPABLE

As the evidence suggests that the incidence of youth crime continues to grow, all those involved with youthful miscreants have some interest in knowing what capacity this possesses for engaging in criminal litigation. Before the Crime and Disorder Act 1998 (CDA 1998), s 34 came into force, there was a presumption of law that a child aged 10 and over but below the age of 14 was doli incapax, that is, it did not know that some act or omission it had been charged with was seriously wrong. It was then up to the Crown to displace this presumption by proving not only the acteus reus and mens rea of the alleged offence, but also that the child charged with what had been alleged knew it was seriously wrong.

In doing this the Crown was not permitted to rely on the evidence of the alleged offence but had to seek and

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NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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