ABSTRACT
Legal frameworks applying to children Definition of a child The definition of a child is subject to a legal framework. The Children Act 1989 Section 105 defines a child as less than 18 years. However, the Code of Practice of the Mental Health Act 1983 distinguishes between children who it describes as less than 16 years old and young people who are 16 and 17 years old; the Mental Capacity Act applies to all adults who are defined as over 16 years. The Criminal Law and criminal justice system frequently treats children as adults. In England and Wales, the age of criminal responsibility is set at 10 years (Children and Young Persons Act 1933, Section 50) this is low in comparison with other countries in Europe, where the median age is 14-15 years.
