Juvenile Justice

• section 26 of Act 29


  nothing is a crime which is done by a person under the age of twelve years- principle of doli incapax
• rights of a juvenile in detention

  • right to adequate food
  • right to medical treatment if required
  • right to reasonable visits from parents, guardians, lawyer or close relatives
  • right to any other conditions reasonably required for the welfare of the juvenile
• aim of the juvenile system

  to facilitate rehabilitation of the juvenile delinquent

  through the justice system and reintegration of youthful offenders into mainstream society
• who is a juvenile?

  a juvenile is a person under eighteen years who is in conflict with the law
• what is the welfare principle?

  that the best interest of a juvenile is paramount in a matter concerned with the juvenile
• rights of a juvenile- section 3 of Act 653

  • a juvenile has a right to privacy during arrest, the investigation of an offense, at the trial of the offense and at any other stage of the cause or matter
  • a person shall not in the course of arrest, investigation or trial of an offense connected with a juvenile or at any other stage, release information for publication that may lead to the identification of the juvenile
• composition of a juvenile court

  The Magistrate of the District Court (Presiding)

  • A Social Welfare Officer
  • A person aged 25 or above, appointed by the Chief Justice on the recommendation of the Director of Social Welfare
• arrest of a juvenile without warrant- section 5

  1. where the juvenile commits an offense in the presence of the officer
  2. where the juvenile obstructs a police officer in the exercise of his duties
  3. where the juvenile has escaped or attempts to escape from lawful custody
  4. where the juvenile is in possession of an implement adapted or intended to be used for the unlawful entry of a building without reasonable explanation
• arrest of a juvenile without warrant on reasonable suspicions-section 5(3)

  • that the juvenile has committed an offense
  • that the juvenile is about to commit an offense where: -there is no other way of preventing the commission of the offence -the surroundings indicate that an offense could be committed
  • the juvenile is willfully obstructing the police officer in the execution of police duties
• arrest of a juvenile by a private person-section 6

  1. an offense involved with the use of force or violence
  2. an offence whereby bodily harm is caused to a person
  3. an offence in the nature of stealing or fraud
  4. an offence concerned with damage to public property
  5. an offense concerned with property owned by or in the lawful custody of the private person
• exclusive jurisdiction and transfer- section 17

  1. that the charge or matter is one in which jurisdiction has been conferred on juvenile courts
  2. that a juvenile court has been constituted for the place, district or area concerned and where the court is satisfied, the court shall make an order transferring the charge or matter to the juvenile court
• section 17(3) of Act 653


  a charge made jointly against a juvenile and a person who has attained the age of 18 years shall be heard by a court of summary jurisdiction other than a juvenile court
• section 18(1)


  where a juvenile appears before a court of summary jurisdiction other than a juvenile court on a charge made jointly against the juvenile and a person who has attained the age of 18 years and the juvenile is convicted by the court, the court shall not sentence the juvenile offender but shall remit the case to the juvenile court for sentence
• section 17(4)


  a charge against a juvenile for an offense which if committed by an adult would be punishable by death shall be heard by a court of summary jurisdiction other than a juvenile court
• evidence of age of a person (juvenile)

  1. birth certificate
  2. baptismal certificate
  3. certificate signed by a medical officer
• contents of a social enquiry report- section 24(3)

  • background of the juvenile
  • present circumstances of the juvenile
  • conditions under which the offense was committed
  • recommendations for sentence
• what is diversion?- section 60

  the referral of cases of children alleged to have committed offenses away from the criminal justice system with or without conditions
• purpose of diversion- section 26

  1. encourage the juvenile to be accountable for harm caused
  2. promote an individual response to the harm caused which is appropriate and proportionate to the circumstances of the harm
  3. promote the reintegration of the juvenile into the family and community
  4. encourage restitution of a specified object
  5. promote reconciliation between the juvenile and the person or community affected by the harm caused
• minimum standard of diversion (program)-section 27

  1. promote the dignity and wellbeing of the juvenile
  2. shall not be exploitative, harmful or hazardous to the physical and mental health of the juvenile
  3. shall be appropriate according to the age and maturity of the juvenile
  4. shall not interfere with the schooling of the juvenile
  5. shall give useful skills to the juvenile where possible
• methods of dealing with juvenile offender- section 29

  1. discharge the offender conditionally or unconditionally
  2. discharge the offender after the juvenile has given an undertaking
  3. release the offender on probation
  4. commit the offender to the care of a relative or other fit person
  5. send the offender to a correctional centre
  6. order the offender to pay a fine, damages, or costs
  7. order the parent, guardian or close relative of the offender to pay a fine, damages, or costs
  8. order the parent, guardian or close relative of the offender to give security for the good behaviour of the offender
• contents of a detention order-section 44

  1. reasons for the imposition of a detention order on the juvenile
  2. the age or ascertained age of the juvenile
  3. religious persuasion
  4. centre
  5. person responsible for conveying juvenile
• detention of a juvenile under 16 years-section 46


  not more than 3 months
• detention of a juvenile of or above 16 years but under 18- section 46


  not more than 6 months
• detention of a young offender of or above 18 years-section 46


  not more than 24 months
• serious offense-section 46


  3 years
• place of detention of a juvenile under 18- section 46 


  junior correctional centre
• place of detention of juvenile above 18- section 46


  senior correctional centre
• place of detention of juvenile under 15 convicted of a serious offense-section 46


  senior correctional centre
• 
  

  serious offences- section 46(8)

  1. murder
  2. rape
  3. defilement
  4. indecent assault involving unlawful harm
  5. robbery with aggravated circumstances
  6. drug offences
  7. offenses related to firearms
• section 18(2) of Act 653


  where a juvenile is tried for an offence punishable by death by a court of summary jurisdiction and is convicted by the court, the court of summary jurisdiction shall remit the juvenile to a juvenile court for sentence
• persons to be present at any sitting of a juvenile court- section 16(2) of Act 653

  1. members and officers of the court
  2. parties to the case, witnesses and any other persons directly concerned in the case
  3. any other person specially authorized by the court to be present
• refusal of a juvenile court to grant bail-section 21(5)

  1. that the juvenile may not appear to stand trial
  2. that the juvenile may interfere with witnesses, evidence or may hamper police investigations
  3. that the juvenile may commit a further offence while on bail
• assistance to a juvenile- section 22

  1. right to remain silent
  2. right to have a parent, guardian or close relative present at the proceedings
  3. right to legal representation
  4. right to legal aid