Act 9 Penal Code Act 2008 31. Criminal Capacity of Children of Twelve and under Fourteen Years of Age. A child who is of twelve, but under fourteen years of age, at the time of the conduct constituting any offence which he or she is alleged to have committed, shall be presumed criminally liable, unless the contrary is proved beyond reasonable doubt— (a) to lack the capacity to form the intention necessary to commit the offence; or (b) where negligence is an element of the offence concerned, to lack the capacity to behave in the way that a reasonable adult would have behaved in the circumstances. 32. No Presumption of Criminal Incapacity for Persons of and over the Age of Fourteen Years. No person who is of or above the age of fourteen years shall be presumed to lack the capacity to form the necessary intention to commit any offence or, where negligence is an element of the offence concerned, to behave in the way that a reasonable person would have behaved in the circumstances of the offence. 33. No Relief from Civil Liability. The provisions regarding criminal responsibility as they apply to children, shall not, however, affect any civil claim by the aggrieved party against the parents or guardian of the child. 34. Act of a Person Incapable of Judgment by Reason of Unsoundness of Mind. No act is an offence which is committed by a person who at the time of committing such act did not possess the power to appreciate the nature of his or her acts, or of controlling them by reason of permanent or temporary insanity or mental infirmity, provided however, that this provision shall not affect any civil claim instituted by the aggrieved party against the guardian unless the person of unsound mind was in custody at the time of the Commission of the offence. 37