asked the Minister for Justice if he will inform the House of the current statute and the provisions thereunder whereby a child of 12 years of age may be charged with murder; and if he will as a matter of urgency introduce amending legislation to raise the age limit.
Ceisteanna—Questions. Oral Answers. - Criminal Responsibility.
71.
At common law a child under seven years is incapable of committing a crime at all. Between seven and fourteen years a child cannot be convicted of crime unless there is evidence that the child had the mental capacity required for the crime in question. In addition, it must be shown that the child knew that his act was wrong. The presumption of innocence in the case of a child under 14 years is, of course, quite strong and all the stronger the nearer to the lower age limit the child is.
The issue involved in the Deputy's question is, of course, not confined to murder, but relates to crime in general. While I think that there is a case for some raising of the lower limit of seven years, I would have serious doubt as to whether it should be raised to the extent that a child of, say, twelve years could never be guilty of a crime. I shall consult the Minister for Education on the whole problem.
Is the Minister aware of the recent court case in which a child, slightly over 12 years, was charged with the murder of his father? In view of the many assumptions surrounding eligibilities in this respect, would the Taoiseach set up a working party with the Minister for Education and the Minister for Health with a view to introducing amending legislation as a matter of urgency because of serious public concern and the appalling spectacle we witnessed of the recent court case concerning a young child?
I told the Deputy what the law is. Murder is just one crime. What is here is criminal responsibility in young people. Before changing this, the matter would require very serious thought. While we may think in terms of the case the Deputy has quoted, there is the question of young people of 13 and 14 years old committing serious offences. Church bodies, and so on, consider that children know the difference between right and wrong at seven years of age. As I explained to the House, the law as we apply it here is the law that is adopted by most democracies. If we contemplate changing it, it would require serious thought. I shall have the matter examined with the Minister for Education, as I indicated in my reply.