What is the age of criminal responsibility?

After a 17-year-old was charged with causing the death of 42-year-old Nepalese Wolt driver Khim Bahadur Punand in a hit-and-run and driving under the influence on Monday, many were left questioning what happens when a minor is charged in court. How will the driver’s age make a difference to the way his case is dealt with by the justice system?

Maltese law draws a line at various ages when it comes to determining whether a minor can be held criminally accountable. The minimum age of criminal responsibility is 14. This had been raised from 12 in 2014.

Children under 14 are presumed incapable of committing a crime and cannot be charged – though their parents or guardians may be held accountable if they failed to prevent the offence.

Teens aged 14 to 16 can be charged with a crime but may be exempt from criminal responsibility if the court finds that the offence was committed without “mischievous discretion”, meaning the child did not fully understand the wrongdoing. If found guilty, they typically receive a reduced sentence.

Minors aged 16 to 18 are considered criminally responsible but usually receive penalties reduced by one or two degrees compared to adults.

Does a minor go to court like other adults?

Under Maltese law that governs minors (The Juvenile Court Act and the Criminal Code) minors under 18 have their case heard in the Juvenile Court and not in the main law court.

The Juvenile Court sitting, that is presided over by a magistrate, is held at the law courts in Valletta where a hall is converted into a Juvenile Court for a particular sitting. If the crime being faced exceeds 12 years in jail, then the case eventually goes to trial by jury. But cases below 12 years are decided by the magistrate presiding over the Juvenile Court.

Why is the accused's name a secret? 

In the Juvenile Court, proceedings are confidential as opposed to the main court where they are public (unless there is a ban ordered for other reasons). This is set in the law and is done to protect the best interests of the child. The media is usually not allowed to report cases in the Juvenile Court.

Because of this, when a person under 18 is charged with a crime that will end up in the Juvenile Court the magistrate orders a ban on the publication of the identity of the accused. Specifically, the Juvenile Court Act and related child protection laws give the court authority to restrict access to minors’ information.

Is this set in stone?

There have been exceptions. In 2018 17-year-old, Liam Debono, was accused of attempted murder following a hit-and-run which left a traffic policeman, Simon Schembri, fighting for his life. The case had sparked public outrage.

His lawyers had requested a court ban but it was turned down by the magistrate – a decision which boiled down to the interpretation of the law.

How would age impact sentencing?

According to law, a person under 18 can have their punishment reduced by one or two degrees.

So, for example, in the case of involuntary homicide, where the accused faces a jail term of up to four years (which can be higher depending on several variables), then the minor faces a maximum of three years (reduced by one degree) or two years (if reduced by two degrees).

The court can also opt to suspend the jail term, something that is allowed if the minimum jail term for the offence is two years or less.

Any other protections granted?

The law states that, if a person under 18 is convicted of a crime, that crime cannot be listed in the conduct certificate – which means it will not show up for future job applications.