Unfitness to Plead Consultation Responses - Law Commission ...

external elements of the offence or should it mirror our provisional proposals
8 and 9?
Reply: We consider that if there is a fact-finding procedure, then to avoid
the problems which have been discussed at length under Provisional
Proposals 8 and 9, it should be the same as the amended proposals we have
made. Issues such as self defence are common in cases which fall within the
jurisdiction of the magistrates’ courts.
Question 11: Do the matters raised in question 8, 9, and 10 merit equal
consideration in relation to the procedure in the youth courts?
Reply: We agree with the reasons advanced in order to afford protection of
the youth.
Question 12; How far, if at all, does the age of criminal responsibility factor
into the issue of decision-making capacity in youth trials.
Reply : We consider that there needs to be a careful re-appraisal of the issue
of the age of criminal responsibility. The United Kingdom is at variance with
many other countries in setting a low age of responsibility. We express no
view as to whether it is appropriate or not.
64. We do consider the issue of the age of the accused is relevant. If the test
is to be based on decision-making capacity, we consider it is relevant not
only to consider the physical age of the child but also the “developmental
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