EASTERN CARIBBEAN
SUPREME COURT /UNICEF
SEMINAR ON
JUSTICE FOR CHILDREN
for Judiciary, Magistracy, Police and
Social Workers
in
the
Eastern
Caribbean
Sandals Grande Hotel
Saint Lucia
July 25-28, 2007.
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JUVENILE JUSTICE BILL
• Main articles of CRC-juvenile justice• Article 37- child’s right to be free from
torture, cruel, inhuman or degrading
punishment, right to essential safeguards
to due process and special rights;
• Article 40-principles and practices for a
juvenile justice system;
• Article 39-right to rehabilitative care.
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UMBRELLA PRINCIPLES
OF THE CRC RELEVANT TO
JUVENILE JUSTICE
Article 2: non-discrimination
Article 3: best interests of the
child
Article 6: child’s right to life,
survival and development
Article 12: right to be heard
respect for the child’s views3
INTERNATIONAL STANDARDS AND
NORMS IN JUVENILE JUSTICE
U. N. Standard Minimum Rules for the
Administration of Juvenile Justice (Beijing Rules)
U.N Guidelines for Prevention of Juvenile
Delinquency (Riyadh Guidelines);
U.N Rules for the Protection of Juveniles Deprived
of their Liberty( JDL Rules).
See also: (1) Guidelines for Action on Children in
Juvenile Justice System.
(2) General Comment of Child Rights
Committee.
JUVENILE JUSTICE PRINCIPLES
• Juvenile justice laws should be extended to all
children below age 18;(3)
• Juveniles are entitled to special protection;
privacy of juveniles to be respected at all stages
of proceedings;(55)
• Criminal proceedings should not be instituted if
alternative means exist for dealing with matter;
• Detention should be a matter of last resort and
for shortest appropriate time;(34, 35)
• Response to juvenile should be proportionate to
offence and circumstances of offender;
• Age of criminal responsibility should be
established, but not below 12 years of age.(5)
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JUVENILE JUSTICE BILL
• “Appropriate adult” – consider inclusion of
parents in definition, not separate
group;(2)
• Rebuttable doli incapax- (5);(51)
• juvenile “does not have capacity to
appreciate difference between right and
wrong.” ???or “Does not know the act
committed was seriously wrong.”
• C.(A Minor) v D.P.P [1995]
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JUVENILE JUSTICE BILL
• Should Magistrate be part of Juvenile Justice
Board? (6)
• Should the temporary place for juveniles be termed
an Observation Home? (9)
• Should effort be made to ascertain views of person
who is excused by probation officer from attending
assessment ?
• Person fails to attend assessment, should an
opportunity be given to provide reasonable excuse
before sanction imposed?1000/1month(27(3)
• Similarly, failure to attend preliminary enquiry
$5000, or 3 months (33)
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JUVENILE JUSTICE BILLDIVERSION
• Measures for dealing with juvenile without
resorting to judicial proceedings.
– police,
– prosecution
– other agencies;
• Committee on Rights of Child – General
Comment – two kinds of intervention– Measures without resorting to judicial proceedings;
– Measures in context of judicial proceedings.
• Bill does not address diversion pre-arrest, limits
diversion pre-trial.
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JUVENILE JUSTICE BILLDIVERSION
• Restorative justice - family group conferenceshould be offered pre-arrest stage, not only in
context of diversion in judicial disposition:
“Where court makes determination of guilt of
juvenile, court may refer matter to family group
conference”(60)
• Restorative justice models, in particular, New
Zealand model include, in conference not only
offender support, but also victim support.
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JUVENILE JUSTICE BILL
RECOMMENDATIONS FOR LEGISLATION
• Court Proceedings
Legislation should include rights of juvenile
and procedure to be followed, so that
persons need not consult other legislation;
• Prohibition -certain types- punishment
– No imposition of death penalty when crime
committed when offender below age 18,
– No life imprisonment without parole;
– No corporal punishment as sentence or as
disciplinary option.
JUVENILE JUSTICE BILL
• Pre-sentence reports should be called for
save in very minor offences.(57)
• Rule 16- Beijing Rules; CRC- article 40
• Delay in proceedings should not be a
ground for dispensing with a pre-sentence
report.
• Court needs to know background of a
juvenile before appropriate sentencing.
JUVENILE JUSTICE BILL
Every effort should be made to provide
juveniles with legal representation.
Consider conditions for provision legal
representation. Are they adequate? ( 69)
Where this cannot be done, some other
type of assistance should be provided.
Consider social worker, para-legal.
Consider requirement: attorney “ to ensure
that trial is conducted without delay.”(68)
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JUVENILE JUSTICE BILL
MONITORING OF JUVENILE JUSTICE
Who should monitor and assess the proper application of
and compliance with the legislation?
The Attorney – General???? (70)
RECORD OF CONVICTION AND SENTENCE.
Consider whether there should be no expungement
(expunction) for very serious offences. (71)
How does this fit with principle of rehabilitation and
reintegration?
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JUVENILE JUSTICE BILL
VICTIMS AND WITNESSESmissing in action from Bill
• Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power in
Guidelines for Action on Children in Criminal
Justice Process- ensure child victims and
witnesses provided with appropriate access to
justice and fair treatment, restitution,
compensation and social assistance.
• Consider evidence by video –link and television.