Abolition of the Presumption of Doli Incapax and the Criminalisation of Children

The criminal responsibility of children is on the parliamentary agenda in the Crime and Disorder Bill which contains a provision to abolish the presumption of doli incapax for children aged 10 to 13. This article examines the operation of the presumption of doli incapax and considers issues raised by the proposal for its abolition. It is argued that rather than abolish it, it should be retained and taken seriously as recognition of the protection which the law should be affording to children.