Doli incapax applicable in the UKDoli incapax ("Incapable of deception" in Latin) is the doctrine that children are presumed incapable of committing a crime because they cannot distinguish between right and wrong; and therefore, he could not possess the mens rea (guilty mind or intention) required to prove guilt. This presumption of criminal incapacity has an irrefutable and refutable form depending on the age of the child. Section 50 of the Children and Young Persons Act 1933, with amendment s 16(1) of the CYPA 1963, states: "It shall be conclusively presumed that no child under the age of ten years shall be guilty of any offence." , children under the age of ten can be presumed to be doli incapax and held not criminally responsible. The presumption of doli incapax was used as a defense where it could be demonstrated that the minor is incapable of distinguishing between right and wrong and committing the alleged crime. However, the presumption can be rebutted if it is shown that the minor is aware of what he is doing. In the case of R v JTB, a 12-year-old boy was accused of provoking or inciting other children under the age of 13 to commit sexual acts. engage in sexual activities. This is contrary to section 13(1) of the Sexual Offenses Act 2003. The victims were of different ages and were friends of the boy or members of families he knew. The boy admitted to the sexual activity in an interview but said he didn't think what he was doing was wrong. The question raised by this appeal is whether the effect of art. 34 of the Crime and Disorder Act 1998 was to completely abolish the defense of doli incapax for minors aged between 10 and 14, or only to abolish the presumption that the minor could avail himself of this defence; providing a way out for the child's immaturity and using the allocated resources and support (institutional, but also parental and societal) to establish the roots of the problems so that corrective actions as well as punishments can be taken (where necessary) to combat delinquencies. The focus of the new system would be on problem solving and correction rather than punishment; so that the child can overcome his delinquency and assimilate more easily into society. The resources required for manpower support (such as trained social workers, specially trained magistrates, psychologists and counsellors) would be substantial but should, in the long term, lead to a reduction in juvenile delinquency. Laws need to be reformed to facilitate the functioning of the new juvenile court system and to provide for the period of immaturity until the child reaches 16 years of age (recognized as mature enough for marriage).).
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