Criminal Justice Act 2006
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Substitution of section 52 of Act of 2001. |
129.— The following section is substituted for section 52 of the Act of 2001: | |
“Restriction on criminal proceedings against children. | ||
52.—(1) Subject to subsection (2), a child under 12 years of age shall not be charged with an offence. | ||
(2) Subsection (1) does not apply to a child aged 10 or 11 years who is charged with murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault. | ||
(3) The rebuttable presumption under any rule of law, namely, that a child who is not less than 7 but under 14 years of age is incapable of committing an offence because the child did not have the capacity to know that the act or omission concerned was wrong, is abolished. | ||
(4) Where a child under 14 years of age is charged with an offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions.”. |