Age of Criminal Responsibility Reform Act 2017 1

MODEL
HOUSEOFCOMMONS

BILL 458

BILL
TO

Make provisions for the age at which one is criminally responsible dependent on
their psychological state rather than a specific age, with the purpose of ensuring that
justice is achieved in an increased number of circumstances.

B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

1 Psychiatrist to assess mental state of accused children

(1) All children who are accused of committing a crime aged between 10 and 12 years
of age are evaluated by a psychiatrist to determine if
(a) they are aware of the difference between right and wrong, and
(b) they are mature enough to know that what they are accused of is wrong.
(2) The result of the psychiatric evaluation referred to in subsection (1) will lead to
(a) if the child was found to be aware of the difference between right and wrong
and what they are accused of is wrong, then they would be held criminally
responsible and arrested and tried for the crime they are accused of, or
(b) if the child was found not to be aware of the difference between right and
wrong and what they are accused of is wrong, they they would not be held
criminally responsible and therefore not arrested nor tried for the crime they
are accused of.

2 Definitions
In this Act, psychiatrist is defined as a qualified psychiatrist employed, or
2 Age of Criminal Responsibility Reform Act 2017

approved, by the Department for Justice.

3 Extent, commencement, and short title

(1) This Act extends to England and Wales.
(2) This Act comes into force at the beginning of the next judicial term after the end of
the voting period.
(3) This Act may be cited as the Age of Criminal Responsibility Reform Act 2017.