Discuss The Nature And Scope Of The Legal Issue Of Criminal Responsibility
Inquiry Report
The Legal issue of Criminal Responsibility in Queensland
Examine the nature and scope of the legal issue of Criminal responsibility in Queensland and analyse the viewpoints of two groups of stakeholders regarding the age of criminal responsibility. Using this analysis, evaluate two legal alternatives to reform existing laws in Queensland and their implications. Provide justification for recommendations to ensure just and equitable legal outcomes.
1500 — 2000 words
May 2023
Contents
Contents……………………………………………………………………………………….2
Introduction………………………………………………………………………………….3
Nature and Scope of the Issue……………………………………………………….3 The concept of doli-incapax…………………………………………………….3
Viewpoints of Stakeholders…………………………………………………………..4
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In Queensland, the age of criminal responsibility is currently set at 10 years old, a threshold that has generated significant debate among legal experts, youth advocates, and community organisations. While some argue that the current age is too low and fails to account for the developmental maturity of young children, others persist that it is appropriate and necessary for maintaining law and order in the community. This report will examine the legal nature and scope of the age of criminal responsibility in Queensland, with a focus on the age from which children can be held criminally responsible. By analysing opposing viewpoints and acknowledging the key principals of law in Australia, this report aims to provide a comprehensive assessment of the issues surrounding age of criminal responsibility in …show more content…
Furthermore, Article 40 of the United Nations Convention on the Rights of the Child underlines that"children accused" are to receive legal assistance (ie. Rehabilitation, etc.), without prescribing a specific age of doli-incapax. As such, it falls under the jurisdiction of individual countries to determine this on the basis of existing laws and cultural norms (United Nations, 1989).
Viewpoints of Stakeholders
Raising the age of Criminal responsibility
Legal Experts (1), youth advocates (2), and communities (3) argue that the current age of doli-incapax of 10 years old is too low, and that it should be raised to 14 in line with international standards (Australian Human Rights Commission, 2020). This viewpoint is supported by evidence from Queensland, and supporting countries that dictates that children at the age of 10 are not developmentally mature enough to understand the consequences of their actions, let alone be held criminally accountable for them (Australian Human Rights Commission,
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