Call to redo law on minor crime

CHILD rights activists believe the minimum age of criminal capacity of children should be raised to the world standard. International Society for the Prevention of Child Abuse and Neglect president Joan van Niekerk said the government was reviewing the minimum age. Children younger than 10 are deemed not to have criminal capacity. Children aged between 0 and 14 are assessed and the prosecution has to prove that the child has the criminal capacity. Van Niekerk said the test for criminal capacity was often misunderstood. “It is not about whether the child can understand right from wrong; it is about maturity level.” She added that looking at education and IQ was also not helpful as there were psychosocial factors that could affect the child. Ann Skelton, from the Centre for Child Law, said: “The argument is made that this limit is lower than the recommended minimum age of 12 years. The children’s rights lobby will be resistant to a lessening of the rights of 12- and 13-year-olds, so they will probably argue that the new cut-off age for prosecution should be 14.” –