Age, the criminal responsibility of males and females, and their power to do certain acts, depends upon their age. A child under 7 cannot commit any offence; between the ages of 7 and 14 is presumed to be doli incapax, but this presumption may be rebutted by evidence of the infant's capacity to discern good from evil (malitia supplet 'tatem-malice supplies age). The old rule in criminal matters was that a person of the age of 14 might be capitally punished for any capital offence, but under the age of 7 he could not. A male under the age of 14 years is presumed impotent as well as doli incapax, and since the presumption of impotence cannot be rebutted, R. v. Phillips, 8 C& P 736, he cannot be convicted of an offence involving carnal knowledge, except as a principal in the second degree in a rape, or the like, where if he has a mischievous discretion, the presumption of impotence will not excuse him from aiding and assisting in the commission of the offence. He may, it seems, be convicted of indecent assault, Reg. v. Williams, 1893 (1) QB 320. The penalties are now regulated by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), which provides that a 'child,' i.e., a person under 14, shall not be imprisoned or sent to prison or penal servitude; and a 'young person,' i.e., a person of 14 or upwards and under 17, shall not be sent to penal servitude at all, and shall not be imprisoned except under special circumstances (s. 52). Further, no sentence of death may be pronounced against a child or young person (s. 53), but provision is made for the detention of the offender in the case of certain crimes committed by children or young persons; see s. 54, and see generally ss. 50 to 63, dealing with juvenile offenders. A male at 12 years old may take the oath of allegiance. At 21 males and females are at their own disposal, may alien their lands, goods and chattels and possess the parliamentary and municipal franchise. Full age in male or female is 21 years, which age is completed on the day preceding the twenty-first anniversary or a person's birth. By s. 1(1) 5 of the (English) Law of Property Act, 1925, a legal estate in land is not capable of being held by an infant, by s. 21 ibid. A married infant can give a receipt for income. As to marriage settlements by male of 20 or female of 17, see MARRIAGE SETTLEMENT, 1 Co. Litt. 78; Bro. Abr, 'Age.' For an infant's rights upon intestacy. See INTESTACY. See also EDUCATION; CHILDREN.
The (English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36), makes a marriage between persons either of whom is under the age of 16 void. Nothing in the Act shall affect any marriage solemnized or contracted before the passing of the Act or in Scotland any right or capacity of legitimation per subsequens matrimonium.
There is no age in law at which a man is presumed to be too old to be the father of a child, or a woman to be past child-bearing, but in the latter case the Court will sometimes in fact make this presumption for convenience in the administration of estates (Farwell on Powers, 3rd Edn., p. 339); see, e.g., re Widdow's Trusts, (1871) 11 Eq. 408 (widow 55' years and spinster 53' years); Re Millner's Estate, (1872) 14 Eq. 245 (married woman 49' years, but childless); Davidson v. Kimpton, (1881) 18 Ch D 213 (spinster 54 years); but the Court refused to make the presumption in Croxton v. May, (1878) 9 Ch D 388 (woman 54' years but married three years previously).
The Roman Civil law divides age thus:--
I. Infantia, from birth to 7 years.
(a) 'tas infanti' proxima, from 7 to 10'
II. Pueritia ' (b) 'tas pubertati proxima, from 10' to 14.
III. Pubertas, from 14 upwards. During infantia and 'tas infanti' proxima, a person was not punishable for any crime. During 'tas pubertati proxima, a person was liable if doli capax. At pubertas, a person became fully responsible, Tayl. C. L. 254 et seq.