Title: The criminal responsibility of children and young people: an analysis of compliance with international human rights obligations in England and Wales

Authors: Mark Telford

Addresses: Law School, University of Southampton, Highfield, Southampton, SO17 1BJ, UK

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.

Keywords: criminal law; criminal justice; youth justice; human rights; criminal responsibility; minimum age; England; Wales; UK; United Kingdom; children; young people; compliance; international law; legal obligations; doli incapax; substantive law; arbitrariness; private law.

DOI: 10.1504/IJPL.2012.046056

International Journal of Private Law, 2012 Vol.5 No.2, pp.107 - 120

Published online: 20 Sep 2014 *

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