Part 4Children

General

40Special provision as regards failure to establish whether child has or has not attained certain ages

1

Deeming provision 1 applies to a trial where—

a

A is charged with an offence under any of sections 28 to 36 or 37(1),

b

there is a failure to establish beyond reasonable doubt that B was a child who had attained the age of 13 years at the relevant time, and

c

the court or, in the case of a trial of an indictment, the jury is satisfied it is established beyond reasonable doubt that B had not attained the age of 16 years at the time.

2

Deeming provision 2 applies to a trial where—

a

B is charged with an offence under section 37(4),

b

there is a failure to establish beyond reasonable doubt that A was a child who had attained the age of 13 years at the relevant time, and

c

the court or, in the case of a trial of an indictment, the jury is satisfied it is established beyond reasonable doubt that A had not attained the age of 16 years at the time.

3

Deeming provision 3 applies to a trial where—

a

A is charged with an offence under section 37(1),

b

there is a failure to establish beyond reasonable doubt that A was a child who had not attained the age of 16 years at the relevant time, and

c

the court or, in the case of a trial of an indictment, the jury is satisfied it is established beyond reasonable doubt that A had attained the age of 13 years at the time.

4

Deeming provision 4 applies to a trial where—

a

B is charged with an offence under section 37(4),

b

there is a failure to establish beyond reasonable doubt that B was a child who had not attained the age of 16 years at the relevant time, and

c

the court or, in the case of a trial of an indictment, the jury is satisfied it is established beyond reasonable doubt that B had attained the age of 13 years at the time.

5

Where any of the deeming provisions apply, references in sections 28 to 37 to A or B having or not having attained a particular age are to be construed in accordance with this section and section 41.

6

In this section and section 41, the “relevant time” is when the conduct to which the proceedings relate occurred.