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.