Conclusive presumption

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A conclusive presumption (also known as an irrebuttable presumption) is a type of presumption used in several legal systems.

England and Wales[edit]

In English law, a conclusive presumption is a presumption of law that cannot be rebutted by evidence and must be taken to be the case whatever the evidence to the contrary.

For example, the doli incapax rule conclusively presumes that a child ten years old and younger cannot be held legally responsible for his or her actions, and so cannot be convicted of committing a criminal offence. The age was seven at common law, and raised by the Children and Young Persons Act 1933 to eight (section 50) and by the Children and Young Persons Act 1963 to ten. A similar rebuttable presumption, that a child between the ages of ten and fourteen was not capable of committing a criminal offence, was abolished by the Crime and Disorder Act 1998. Now the age of criminal responsibility in England and Wales is 10.

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