803New section 324AB inserted

803 New section 324AB inserted

After section 324A of the Crimes Act 1958 insert—

"324AB Complicity with child who may not be criminally responsible

(1) A person who is involved in the commission of an offence in the circumstances described in section 323(1)(a) or (c) may be found guilty of the offence even if—

(a) the conduct that constitutes the offence, or an element of the offence, was committed by a child; and

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

(2) A person who is involved in the commission of an offence in the circumstances described in section 323(1)(b) or (d) may be found guilty of the offence even if—

(a) the conduct that constitutes the other offence, or an element of the other offence, was committed by a child; and

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

(3) Nothing in this section affects the application of section 10 or 11 of the Youth Justice Act 2024 to a child who is involved in the commission of an offence.

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.".

Division 2—Investigation, fingerprinting and forensic procedures