Courts and Police > The Criminal Courts and Criminal Cases > The Child Justice System > Age and Criminal Capacity
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Age and Criminal Capacity
The Act says that:
- The minimum age of prosecution should be 14 years
- Children below the age of 10 cannot be prosecuted
Children between the ages of 10 and 14 are presumed not to have the capacity to understand the difference between right and wrong, and to act according to this understanding. But, if it can be proved that the child did understand the difference then he or she can be presumed to have had the capacity.
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