Conclusive presumption

Conclusive presumption

A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems.

England and Wales

In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary.

For example, the doli incapax rule conclusively presumes that a child less than ten years old cannot be held legally responsible for his or her actions, and so cannot be convicted of committing a criminal offence. The age was seven at common law, and raised by the Children and Young Persons Act 1933 to eight (section 50) and by the Children and Young Persons Act 1963 to ten. A similar rebuttable presumption, that a child between the ages of ten and fourteen was not capable of committing a criminal offence, was abolished by the Crime and Disorder Act 1998. Now the age of criminal responsibility in England and Wales is 10.

The new addition to the Crime and Disorder Act 1998 (c. 37) states

Section 34: Abolition of rebuttable presumption that a child is doli incapax. The rebuttable presumption of criminal law that a child aged 10 or over is incapable of committing an offence is hereby abolished. [1]

See also the case of R v JTB [2009] UKHL 20. Despite obiter comments in the earlier case of Crown Prosecution Service v P [2007] EWHC 946 (Admin) (27 April 2007), doli incapax as a defence and as a presumption for children aged 10 or above was abolished by section 34 Crime and Disorder Act 1998.

See also

References


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Look at other dictionaries:

  • Conclusive presumption — Presumption Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete… …   The Collaborative International Dictionary of English

  • conclusive presumption — see presumption Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Conclusive presumption — Conclusive Con*clu sive, a. [Cf. F. conclusif.] Belonging to a close or termination; decisive; convincing; putting an end to debate or question; leading to, or involving, a conclusion or decision. [1913 Webster] Secret reasons . . . equally… …   The Collaborative International Dictionary of English

  • conclusive presumption — Exists when an ultimate fact is presumed to be true upon proof of another fact, and no evidence, no matter how persuasive, can rebut it; an example is the presumption that a child less than a specified age is unable to consent to sexual… …   Black's law dictionary

  • conclusive presumption — Exists when an ultimate fact is presumed to be true upon proof of another fact, and no evidence, no matter how persuasive, can rebut it; an example is the presumption that a child less than a specified age is unable to consent to sexual… …   Black's law dictionary

  • conclusive presumption — A presumption so peremptorily drawn from specific facts in evidence that the law will not permit it to be rebutted, Brandt v Morning Journal Asso. 81 App Div 183, 185, 80 NYS 1002; in effect, a rule of substantive law, to be applied by the court… …   Ballentine's law dictionary

  • conclusive presumption — noun A matter that deemed by law to be true, and therefore provides no opportunity for evidence to the contrary to be presented. See Also: conclusively presumed …   Wiktionary

  • conclusive presumption — supposition not given to refutation …   English contemporary dictionary

  • presumption — pre·sump·tion /pri zəmp shən/ n: an inference as to the existence of a fact not certainly known that the law requires to be drawn from the known or proven existence of some other fact conclusive presumption: a presumption that the law does not… …   Law dictionary

  • Presumption — Pre*sump tion (?; 215), n. [L. praesumptio: cf. F. pr[ e]somption, OF. also presumpcion. See {Presume}.] 1. The act of presuming, or believing upon probable evidence; the act of assuming or taking for granted; belief upon incomplete proof. [1913… …   The Collaborative International Dictionary of English

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