Description of the legal term Minor:
In the context of British law, the term ‘minor’ refers to any individual who is under the age of majority, which is legally recognized as 18 years in England, Wales, and Northern Ireland, and 16 years in Scotland. This legal classification of minors is crucial in multiple areas of law as it determines the extent of an individual’s legal rights and responsibilities.
For those under the age of majority, there are considerable restrictions on their legal capacity. This means a minor is generally unable to enter into certain types of contracts, lack the ability to vote, and cannot legally purchase alcohol, tobacco, or other age-restricted products. However, this does not mean that minors have no legal rights; they are protected by a range of legislation covering areas such as employment, healthcare, and welfare.
In terms of contractual capacity, minors have limited ability to enter into contracts. Contracts for “necessaries” — goods and services appropriate to the condition in life of a minor and to their actual requirements at the time of sale and delivery — are binding on minors. This ensures that minors can acquire essential items, such as food, clothing, and lodging. For most other contracts, however, those entered into by minors are voidable, meaning they can ratify or disaffirm these contracts upon reaching the age of majority.
The Family Law Reform Act 1969 is one significant piece of legislation relating to minors. It lowered the age at which individuals can consent to medical surgery without parental consent to 16. Additionally, the Children Act 1989 and Children (Scotland) Act 1995 are landmark statutes providing for the welfare of minors. They have introduced the paramountcy principle, where the child’s welfare is the court’s primary consideration in any decision affecting them.
Furthermore, when it comes to the criminal responsibility, in England, Wales, and Northern Ireland, children under the age of 10 cannot be charged with a crime. It is deemed that they cannot form the necessary mens rea, or ‘guilty mind’, to commit a crime. Beyond this age, minors between 10 and 17 can be tried for crimes but the youth justice system focuses more on rehabilitation rather than punishment, employing measures such as youth rehabilitation orders.
Legal context in which the term Minor may be used:
An example illustrating the legal treatment of minors involves contractual capacity. Consider a 17-year-old who enters into a contract to buy a car. Since this is not considered a “necessary”, the contract is voidable at the discretion of the minor. If the young person decides the contract is not in their interest, they may disaffirm it upon or even before reaching the age of majority. However, if the minor continues to use the car and make payments after turning 18, they may be seen as having ratified the contract, making it binding.
Another scenario concerns the criminal justice system. A 15-year-old minor may be arrested for theft. Given that they are over the age of criminal responsibility, they can be formally charged and sent to a youth court. The youth court will focus on rehabilitation, which may result in the teenager being given a referral order to attend a youth offender panel. In the panel’s meetings, the young person must agree to a contract which includes actions they must take over a certain period, aiming to repair harm and address the causes of their offending behaviour.
The concept of the minor in British law is a cornerstone for delineating the protection and recognition of the rights and responsibilities of those under the age of majority. It reflects society’s view that children and young people should be protected and allowed to mature before being entrusted with the full spectrum of civic duties and obligations. The laws governing minors strike a balance between allowing young people rights and protections while acknowledging their developing maturity and capacity to make decisions. Understanding and applying the concept appropriately ensures that the legal system aligns with broader societal values and the welfare of its younger members.