797New section 321AA inserted

797 New section 321AA inserted

After section 321 of the Crimes Act 1958 insert—

"321AA Agreement with child who may not be criminally responsible

A person may be found guilty of an offence against section 321 even if—

(a) the other party to the agreement referred to in that section is a child, or, if there is more than one other party to the agreement, all of the other parties to the agreement are children; and

(b) under section 10 or 11 of the Youth Justice Act 2024, it is presumed that the child, or those children, cannot commit the offence that is the subject of the agreement.

1 It is conclusively presumed that a child who is under 12 years of age cannot commit an offence—see section 10 of the Youth Justice Act 2024.

2 It is presumed that a child who is 12 or 13 years of age cannot commit an offence—see section 11 of the Youth Justice Act 2024.".