Archive for the 'criminal responsibility' Category

An ugly totem for the abject failure of our criminal justice system – The Guardian

“At 10, our age of criminal responsibility is the lowest in Europe. But can you ever use age to determine maturity?”

Full story

The Guardian, 18th March 2011

Source: www.guardian.co.uk

Campaign to raise age of criminal responsibility – Daily Telegraph

“Children in England understand the difference between right and wrong at age 10, according to the law. Ten years old is also the age of criminal responsibility in Wales, Northern Ireland, Australia, New Zealand.”

Full story

Daily Telegraph, 16th March 2011

Source: www.telegraph.co.uk

Regina v Williams (Jason John) – WLR Daily

Regina v Williams (Jason John) [2010] EWCA Crim 2552; [2010] WLR (D) 274

“As a matter of statutory construction, fault or other blameworthy conduct on the part of the defendant was not required to establish that he was guilty of an offence under s 3ZB of the Road Traffic Act 1988 of causing the death of another person by driving while unlicensed, disqualified or uninsured; and it was sufficient that the driving was a cause of the death, provided that it was a more than negligible or de minimis cause.”

WLR Daily, 3rd November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Dorset County Council v House – WLR Daily

Dorset County Council v House [2010] EWCA Crim 2270; [2010] WLR (D) 253

“Criminal liability under the Cattle Identification Regulations 1998 and the Cattle Database Regulations 1998 was expressly and exclusively defined in terms of a failure to carry out an obligation under Council Regulation (EC) No 820/97, so there was no criminal offence in respect of conduct after 20 July 2000 when Regulation 820/97 was repealed and replaced.”

WLR Daily, 14th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Barnado’s chief calls for age of criminal responsibility to be raised – The Observer

“Martin Narey says children shouldn’t be held legally accountable for actions until they are 12.”

Full story

The Observer, 12th September 2010

Source: http://observer.guardian.co.uk/

Civil sanctions are no soft option – The Guardian

“The Law Commission’s proposals on regulation are welcome – but no easy alternative to a busybody state.”

Full story

The Guardian, 26th August 2010

Source: www.guardian.co.uk

Regulation, Public Interest and the Liability of Businesses – The Law Commission

“We published a consultation paper on 25 August 2010, in which we have made a number of provisional proposals on criminal liability in regulatory contexts.”

Full story

The Law Commission, 25th August 2010

Source: www.lawcom.gov.uk

Government has no plans to raise age of criminal responsibility – The Independent

“The Government has no plans to raise the age of criminal responsibility despite the outcry that followed the conviction of two boys for attempting to rape an eight-year-old girl, justice minister Lord McNally said today.”

Full story

The Independent, 10th June 2010

Source: www.independent.co.uk

Age of criminal responsibility should be raised, says leading barrister – Daily Telegraph

“The age of criminal responsibility should be raised to 14 to better protect the ‘truly young’, one of the country’s leading barristers has said.”

Full story

Daily Telegraph, 7th June 2010

Source: www.telegraph.co.uk

Age of criminal responsibility in England is among lowest in Europe – Daily Telegraph

“The case of the two young boys convicted of attempted rape highlights once more the low age of criminal responsibility in England and Wales.”

Full story

Daily Telegraph, 25th May 2010

Source: www.telegraph.co.uk

How Edlington case follows course paved by Bulger trial – BBC News

“Two brothers are among Britain’s youngest convicted criminals to be placed in custody after being detained for a horrific attack on another two boys in Edlington, South Yorkshire, carried out when they were aged just 10 and 11.”

Full story

BBC News, 22nd January 2010

Source: www.bbc.co.uk

Age of criminal responsibility ‘should be raised from 10 to 14′ – Daily Telegraph

“At present, child defendants are at increased risk of suffering miscarriages of justice because the courts service does not identify their vulnerabilities or ensure they understand their legal rights, the Prison Reform Trust claimed. Given that many child offenders are among ‘the most vulnerable children in society’, they should instead be dealt with through a welfare-based system rather than an adversarial court trial.”

Full story

Daily Telegraph, 1st December 2009

Source: www.telegraph.co.uk

Child, nine, carried out sexual assault – The Independent

“A sexual assault by a nine-year-old was one of 32 recorded offences involving under 10s last year, a police force revealed today.”

Full story

The Independent, 24th August 2009

Source: www.independent.co.uk

Criminal responsibility – BBC News

“In England and Wales the age of criminal responsiblity is 10 – but should it be raised?”

Full story

BBC News, 10th June 2009

Source: www.bbc.co.uk

Regina (JS) (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports

Regina (JS) (Sri Lanka) v Secretary of State for the Home Department

Court of Appeal

“In order to establish that an asylum seeker was liable for a joint criminal enterprise such as to exclude him from the protection of the Geneva Convention as complicit in war crimes or crimes against humanity, there had to have been a common design which amounted to or involved the commission of a crime provided for by statute.”

The Times, 11th May 2009

Source: www.timesonline.co.uk

The Big Question: At what age should children be held responsible for their criminal acts? – The Independent

“Why are we asking this now?

Because the former head of the Youth Justice Board, Professor Rod Morgan, has called for the age at which children can be locked up –the so-called age of criminal responsibility – to be raised. The minimum age is currently 10 years in England, Wales and Northern Ireland and eight in Scotland. Professor Morgan spoke for many criminologists and penal reformers when he argued that the age should be raised, and voiced concern that nothing would be done.”

Full story

The Independent, 5th February 2009

Source: www.independent.co.uk

Hacker was naive not criminal, says expert – The Independent

“A British computer expert hacked into US military networks through ‘naivety’ as a result of his Asperger’s Syndrome and should not be considered a criminal, an expert said today.”

Full story

The Independent, 15th January 2009

Source: www.independent.co.uk

Reforming the law on intoxication – Law Commission

“On 15 January 2009 we published our report on ‘Intoxication and Criminal Liability’.  Our report addresses the law governing the extent to which a defendant may rely on his or her drunken or otherwise intoxicated state at the time he or she committed a criminal offence to avoid liability.  The report focuses on the situation where the defendant was voluntarily intoxicated.  However, the report also addresses the more unusual situation where the defendant’s intoxication was involuntary.”

Full press release

Law Commission, 15th January 2009

Source: www.lawcom.gov.uk

Under 14s ‘should not be locked up’ – The Independent

“Children under 14 should not be held criminally responsible and should never be locked up for their crimes, according to a scathing report.”

Full story

The Independent, 30th June 2008

Source: www.independent.co.uk

R v Wood – WLR Daily

R v Wood [2008] EWCA Crim 1305; [2008] WLR (D) 204

“In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome.”

WLR Daily, 25th June 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v W. Stevenson & Sons (a Partnership) – Times Law Reports

Regina v W. Stevenson & Sons (a Partnership)

Court of Appeal (Criminal Division)

“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the partners’ personal assets on the basis of the partnership’s conviction.”

The Times, 5th March 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R v W Stevenson & Sons (A Partnership) – WLR Daily

R v W Stevenson & Sons (A Partnership) [2008] EWCA Crim 273; WLR (D) 60

“Legislation could render a partnership criminally liable as a separate entity from its individual partners. However, confiscation proceedings could not properly be brought against the personal assets of the partners on the basis of the partnership’s conviction.”

WLR Daily, 26th February 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Conspiracy and attempts – Law Commission

“A project to reform the law governing the criminal liability of those who agree to or attempt to commit offences.”

Full story

Law Commission, 10th October 2007

Source: www.lawcom.gov.uk

‘Raise the criminal age to 18’ – Daily Telegraph

“The age of criminal responsibility should be raised from 10 to as high as 18, a report says today.”

Full story 

Daily Telegraph, 17th May 2007 

Source: www.telegraph.co.uk  

Related link: Debating youth justice: from punishment to problem solving (PDF)


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