HARMONISATION OF THE LAW RELATING TO CRIMINAL ACCOUNTABILITY OF YOUNG OFFENDERS

Abstract

Modernisation and changes in values and way of life have greatly affected the minds of the youth. Hence, the number of crimes they commit has increased tremendously. The pertinent issue would be      whether or not these young offenders can be criminally liable for their actions. To prove the liability of a criminal offender, the law requires that the offender must have reached the age of criminal responsibility, otherwise, he may be excused from any criminal liability. The principle is known as doli incapax, an irrebuttable presumption that a child below a certain specified age is presumed to be incapable of committing a crime.  This is not only to safeguard the interest of the child but also to ensure that only those who possess a guilty mind (mens rea) shall be responsible for the crimes committed. This principle can be found both in the civil and Shari’ah legal frameworks. This paper adopts a doctrinal study of existing primary and secondary materials relating to criminal liabilities of young offenders from both civil and Islamic laws and ventures into the possibilities of the two laws being harmonised. Statutory provisions, case law and other legal literature pertaining to the topic are examined. Comparative legal research methodology is also adopted in this research. Findings show that there are great similarities between the two laws as far as criminal accountability of young offenders are concern – a) criminal liability depends ability to understand the nature and consequence of the act b) young offenders below certain age are excused from criminal liability c) young offenders who are found committing crimes cannot be treated as adult offenders d) if a young offender is found responsible for a crime, the court in issuing judgment must always put his best-interest as a priority (e) it is possible to harmonise the two laws since both share great similarities.