Define: Exemption From Criminal Liability

Exemption from criminal liability refers to circumstances in which an individual is shielded from legal consequences for actions that would otherwise constitute a crime. Such exemptions may arise due to various factors, including age, mental incapacity, self-defence, necessity, or legal authority. For example, minors may be exempt from certain criminal penalties due to their age, and individuals acting in self-defence may be exempt if their actions are deemed reasonable and proportionate. These exemptions typically arise from legal defences recognised by law and are subject to judicial review and interpretation. Exemption from criminal liability aims to ensure that individuals are not held criminally responsible for actions taken under specific circumstances that warrant leniency or justification.

A person is automatically exempt from criminal liability if he or she:

• is under 10 years of age, or
• is classified as insane

A person may be shown to be exempt from criminal liability if he or she:

• is under 14 years of age, and has not developed a
• sufficiently advanced understanding of right and wrong to merit liability, or is insufficiently responsible for his or her actions.

In all these cases, the accused may be liable to detention, e.g., under the Mental health act (1983), but cannot be convicted of the offence.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.