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Act index » Part II - Offenders » Division 1 - Abettors, accessories and concealers of offences » Subdivision (1) - Complicity in commission of offences
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.
1It 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.
2It 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.