The criminal responsibility of children and young people: an analysis of compliance with international human rights obligations in England and Wales
The criminal responsibility of children and young people: an analysis of compliance with international human rights obligations in England and Wales
The question of the minimum age of criminal responsibility in England and Wales is one which regularly arises. The recent confirmation of the abolition of the presumption of doli incapax raised some concerns about the resultant treatment of young people in the criminal justice system. This paper approaches this issue from the perspective of England and Wales’ compliance with human rights obligations. The application of the substantive criminal law is analysed with respect to its compliance with relevant international human rights standards. Research relating to the engagement of the criminal justice process with young people is examined, leading to a conclusion that the position in practice bears more consideration to the status of young people than the substantive law might initially suggest. However, concerns relating to arbitrariness in this practice lead to a conclusion that raising the minimum age of criminal responsibility is desirable.
107-120
Telford, Mark
6827a668-f52c-4b04-ba4b-1ee794d66441
2012
Telford, Mark
6827a668-f52c-4b04-ba4b-1ee794d66441
Telford, Mark
(2012)
The criminal responsibility of children and young people: an analysis of compliance with international human rights obligations in England and Wales.
International Journal of Private Law, 5 (2), .
(doi:10.1504/IJPL.2012.046056).
Abstract
The question of the minimum age of criminal responsibility in England and Wales is one which regularly arises. The recent confirmation of the abolition of the presumption of doli incapax raised some concerns about the resultant treatment of young people in the criminal justice system. This paper approaches this issue from the perspective of England and Wales’ compliance with human rights obligations. The application of the substantive criminal law is analysed with respect to its compliance with relevant international human rights standards. Research relating to the engagement of the criminal justice process with young people is examined, leading to a conclusion that the position in practice bears more consideration to the status of young people than the substantive law might initially suggest. However, concerns relating to arbitrariness in this practice lead to a conclusion that raising the minimum age of criminal responsibility is desirable.
Text
The_Criminal_Responsibility_of_Children_and_Young_People_-_Mark_Telford.pdf
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Published date: 2012
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Local EPrints ID: 183915
URI: http://eprints.soton.ac.uk/id/eprint/183915
ISSN: 1753-6235
PURE UUID: 9b3aa509-1b54-4b5f-84b4-51eae6649913
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Date deposited: 04 May 2011 10:41
Last modified: 14 Mar 2024 03:05
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