Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Matters of justification or excuse - Infancy

21: Children under 10

You could also call this:

“Children younger than 10 can't be found guilty of crimes, but others involved might still be.”

If you are younger than 10 years old, you cannot be found guilty of a crime for anything you do or don’t do. This means you won’t be convicted of an offence if you’re under 10.

However, just because you can’t be convicted doesn’t mean other people involved in the same crime are off the hook. If someone else was part of the crime with you, they might still be found guilty, even if you can’t be.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328216.

Topics:
Crime and justice > Criminal law
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20: General rule as to justifications, or

“This explains when certain actions or reasons can make something not against the law.”

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22: Children between 10 and 14, or

“Children aged 10 to 13 can only be found guilty of a crime if they knew their actions were wrong or against the law.”

Part 3 Matters of justification or excuse
Infancy

21Children under 10

  1. No person shall be convicted of an offence by reason of any act done or omitted by him or her when under the age of 10 years.

  2. The fact that by virtue of this section any person has not been or is not liable to be convicted of an offence shall not affect the question whether any other person who is alleged to be a party to that offence is guilty of that offence.

Compare
  • 1908 No 32 s 41