Genetically Modified Organisms Act, 1997
R 385
Child Justice Act, 2008 (Act No. 75 of 2008)NoticesDirectives issued in terms of Section 97(4) of the Child Justice Act, 2008 (Act 75 of 2008)Children in Conflict with the LawD. Criminal capacity |
| D. | Criminal capacity |
| 1. | It is important to note that the Act amends the common law regarding the age of criminal capacity. A child committing an offence while under the age of 12 years cannot be prosecuted for such offence because of the lack of criminal capacity. In practice, prosecutors will not deal with any child who committed an offence while under the age of 12 years. Such children must not be arrested. The police must notify a probation officer who will deal with the matter. |
| 2. | A child who is 12 years or older, but under the age of 14 years is presumed to lack criminal capacity unless the State proves beyond a reasonable doubt that the child was able to appreciate the difference between right and wrong and was able to act in accordance with that appreciation at the time of the commission of the offence. |
| 3. | See also paragraphs L (1) and L (2) (b). |
