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Childhood and Crime$
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Claire McDiarmid

Print publication date: 2007

Print ISBN-13: 9781845860127

Published to University Press Scholarship Online: May 2015

DOI: 10.3366/edinburgh/9781845860127.001.0001

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date: 27 May 2020

The Modern Law

The Modern Law

Chapter:
(p.129) Chapter 6 The Modern Law
Source:
Childhood and Crime
Author(s):

Claire McDiarmid

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845860127.003.0006

This chapter examines case law to draw conclusions on the way in which the Scottish courts currently approach, deal with and think about children. It argues that chronological age is not given prominence even where the accused is a child, nor does much consideration appear to be given to assessing the child’s ability to understand the crime in its context and its consequences on the basis of his/her age. It goes on to examine the impact of the Human Rights Act 1998 in relation to the courts’ approach to child-accused concluding with a brief discussion of criminal capacity in international law.

Keywords:   Age, Children, Human Rights, Criminal capacity, banning order

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