This review evaluates the operation of the presumption of doli incapax for children under 14. It includes reference to various diversionary schemes, including under the Young Offenders Act 1997 and the Mental Health and Cognitive Impairment Forensic Provisions Act 2020, as well as community based intervention programs to ensure diversion away from the criminal justice system results in reduced recidivism. The review contains various recommendations on broadening the available pathways for police and the courts to engage with children aged 10–13 who have committed an offence, with a stronger focus on behavioural and case management. The authors generally find that the presumption of doli incapax alone does not reduce serious or persistent offending, and requires support from targeted therapeutic mechanisms to produce effective outcomes.

G Bellew and J Loy, Review of the operation of doli incapax in NSW for children under 14, 2025.