MINIMUM AGE FOR CRIMINAL RESPONSIBILITY

Mdm Claire Chiang See Ngoh asked the Minister for Community Development (a) what is the rationale for fixing the minimum age for criminal responsibility at seven years old; (b) whether in the past 10 years the Court has convicted any child between 7 and 10 years old and for what offences; and (c) if he will consider reviewing this issue, including seeking expert and community opinions on this, by organising a public and private forum. .

Mr Abdullah Tarmugi: The Penal Code has made it clear that nothing is an offence which is done by a child under 7 years of age, or committed by a child aged between 7 and 12 years who has not attained sufficient maturity of understanding to judge the nature and consequences of his/her conduct on that occasion.

This minimum age of 7 years is inherited from the common law of England. This minimum age provides a safety net for young offenders and protects them from exploitation of unscrupulous adults who may want to make use of children to carry out illegal activities. It also allows for early intervention by social and other authorities before a child progresses into a hardened offender.

Although the minimum age of culpability is 7 years old, children are not subject to the same justice system as adults. The juvenile justice system adopts a restorative model that emphasizes the best interests of the child. In addition, there is an inherent safeguard as children between the ages of 7 and 12 years who do not have adequate understanding of the crimes they have committed will not be held criminally responsible. Criminal sanctions can therefore be applied only to young children who are aware of the nature of their conduct, while protecting those of a similar age who have not yet reached a sufficient level of maturity, from prosecution.

Not all persons arrested for committing offences will be charged in court. In many cases, Police, at the direction of the Attorney-General's Chambers, administer stern warnings to juveniles or refer them for community-based programmes to help the juveniles and their families, instead of prosecuting them. Table : Juvenile Offenders between 7 and 10 Years of Age Charged in the Juvenile Court from January 1993 to January 2000* Year No.of Offenders Offences Committed 1993 5 -- Cheating by impersonation -- Theft -- Theft in dwelling -- Fraudulent possession of property -- Lurking, trespassing or housebreaking 1994 4 -- Negligent conduct with respect to any fire or combustible matters -- Theft -- Theft in dwelling 1995 2 -- Theft -- Lurking, trespassing or housebreaking in order to commit an offence -- Fraudulent possession of property 1996 2 -- Theft in dwelling -- Voluntarily causing hurt in a robbery -- Attempt to commit robbery 1997 1 -- Theft in dwelling 1998 3 -- Theft -- Theft in dwelling -- Fraudulent possession of property 1999 2 -- Theft -- Theft in dwelling -- Housebreaking Jan 2000 Nil NA TOTAL 19

• Of the nineteen cases, fifteen were 10 years of age and only one was 7 years of age for cheating by impersonation. No data is available for earlier years.

The Ministry, in its review of the Children and Young Persons Act recently, consulted various organisations and advocates on the minimum age of culpability. There are therefore no immediate plans to initiate another review. The Ministry is prepared to reopen discussions on this question in future should the need arise.