(1) A child under the age of twelve years is not capable of or guilty of committing a criminal offence.
(2) A child over the age of twelve years and under the age of sixteen years is criminally responsible for an act or omission if at the time of doing the act or making the omission, he or she had the capacity to know that he or she ought not to do the act or make the omission.
(3) The criminal responsibility of a child over the age of twelve years must be proved by the Crown beyond reasonable doubt.
(4) For the purposes of subsection (3), the Director of Public Prosecutions or an attorney-at-law appointed by the Crown and representing the child may request the Court to order a medical examination by a medical practitioner or an evaluation of the child by a suitably qualified person to be conducted at the expense of the Crown.
(5) If an order is made by the Court under subsection (4), the person identified to conduct the medical examination or evaluation of the child shall furnish the Court with a written report of the examination or evaluation within thirty days of the date of the order.
(6) An evaluation under subsection (4) must include an assessment of the cognitive, emotional, psychological and social development of the child.
(7) The person who conducts the evaluation may be summoned to attend the Court proceedings and to give evidence and if called must be remunerated by the Crown.