Children under 14 are incapable of evil and should be protected from criminal responsibility, NSW review finds

A New South Wales review has recommended that children under 14 be protected from criminal responsibility due to a centuries-old legal presumption. The review, led by Geoffrey Bellew SC and Jeffrey Loy, found that the proportion of 10- to 13-year-olds prosecuted in court had plummeted since a high court ruling clarified how the "doli incapax" presumption should be applied. The current age of criminal responsibility is 10, but the common law presumption applies up to 14. The review recommends introducing a new legislative framework for enacting the presumption and providing support for children with complex needs. The NSW government has agreed that the current settings are not operating in the best interests of children or the broader community, and plans to introduce voluntary pathways and therapeutic treatment options.

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