NCJ Number
166277
Date Published
1996
Length
3 pages
Annotation
This paper summarizes possible changes to the way England and Wales deal with children who kill.
Abstract
In their deliberations of changes to procedures relative to children who kill, British officials must consider: the appropriateness of jury trial for young offenders; the inadequacy of the current system in dealing with such defendants individually; the rigidity of the mandatory sentence; the tardiness of disposal, which is endemic throughout the youth court system; and the excessive influence of the media. The author proposes the following be included in a revised English and Welsh system: (1) raise the age of criminal responsibility to 14 years, children younger than that to be dealt with by an expanded version of the family proceedings court, and youth 14 to 18 by special tribunals set up to decide guilt or innocence or other relevant issues of fact and by a sentencing panel; (2) a system of statutory time limits, policed by a special judge with authority to impose sanctions if necessary to ensure expeditious trials; (3) the press reporting restrictions applicable in magistrates' courts should prevail; and (4) a complete overhaul of the doctrine of doli incapax, used to exempt young children from prosecution on the grounds that they are incapable of doing harm.