Transcript JUVENILE JUSTICE : THE CARIBBEAN REALITY

JUVENILE JUSTICE:
THE
CARIBBEAN
REALITY
Hazel Thompson – Ahye
THE UN CONVENTION ON
THE RIGHTS OF THE CHILD ( CRC)
Ratified by all Caribbean States
States report to
UN Child Rights Committee
on measures adopted and progress made
on enjoyment of these rights
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COMMITTEE’S CONCERNS ON
CARIBBEAN JUVENILE JUSTICE
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Age of criminal responsibility
Sentencing
Corporal punishment
Lengthy detention
of children in police lock-ups
• Separation of children
from adults
• Training of all professionals
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COMMITTEE’S CONCERNS ON
CARIBBEAN JUVENILE JUSTICE
• Deprivation of liberty
as measure of
last resort
• Alternatives to
deprivation of liberty
• Legal assistance
• Abolition of
life imprisonment
• Resources
• Separate facilities for
female juveniles
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AGE OF CRIMINAL RESPONSIBILITY
• 7 years - Trinidad & Tobago,
Grenada, The Bahamas
• 8 years - Montserrat,
St. Vincent and the Grenadines,
Turks and Caicos, Anguilla,
Antigua and Barbuda, St. Kitts
and Nevis
• 9 years - Belize
• 10 years - Guyana, Br.Virgin Is., Suriname
• 12 years - Dominica, Saint Lucia, Jamaica
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AGE OF CRIMINAL RESPONSIBILITY
Caribbean 200
Consensus On Juvenile Justice
recommended age
12 years
Child Rights Committee
General Comment No. 10 on 9 Feb. 2007
Recommended States
increase age of criminal responsibility to
age 12 as absolute minimum
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and continue to increase it to higher level.
DOLI INCAPAX RULE - Common Law
Feature of Caribbean Juvenile Justice
Doli Incapax Rule
Irrebuttable presumption
child below age of criminal responsibility
incapable committing crime
Presumption rebuttable for child between age of
criminal responsibility and age 14
Prosecution must provide conclusive evidence that
child knew act was seriously wrong
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UPPER AGE LIMT
FOR JUVENILE JUSTICE
• CRC:
“child”- below age 18
• JDL Rules:
“ juvenile” - under 18
• Beijing Rules:
child or young person
who under legal system
dealt with for an offence
in manner different to adult
• 16 age limit:
most Caribbean States
• 17- Guyana;
18- Dominica, BVI, Jamaica
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MEASURES FOR PROTECTION OF
RIGHTS OF JUVENILES.
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Court to have regard to :
best interests of child
Separation of children from adults
No death sentence/ imprisonment
“young person” not equally
protected
• Bail to be granted as general rule
• Corporal punishment abolished in
few States.
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ESTABLISHMENT
LAWS, PROCEDURES, INSTITUTIONS.
• All States have separate laws for juvenile
justice and special juvenile or family courts
• Summary trials
• Probation officers provide pre-sentence
reports
• Privacy of proceedings
• Restrictions on reporting of cases
• Legal representation not readily available 10
PRE-TRIAL DIVERSION
Use of pre-trial diversions promoted by
CRC
Riyadh Guidelines
police warning
mediation, restorative justice,
counselling
Diversions do not form any significant part of
juvenile justice laws in the Caribbean
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DISPOSITION OF CASES
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Dismiss charge
Discharge offender who enters into recognizance
Commit to care of relative or fit person
Send to orphanage, reformatory, industrial school
Order offender to be whipped
Order payment of fine, damages, costs
Order parent to give security for offender’s good
behaviour
• Send young person to prison
• Deal with case as court sees fit
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OTHER DISPOSITONS
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Absolute and conditional discharge
Suspended sentence
Attendance centre orders
Community service orders
Curfew, curfew with electronic monitoring
Combination order
Mediation
Drug rehabilitation and after-care order
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Parenting order
PROTECTING
CHILD VICTIMS/WITNESSES
• Guidelines for Action on Children in the
Criminal Justice System
– appropriate access to justice
– training to deal with child victims
– code of practice
• Changes in law and procedure for
videotaping testimony
• Appropriate assistance to be given to
children in preparation of case
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CHILDREN’S RIGHTS IN DETENTION
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Child’s rights and dignity must be respected;
Appropriate facilities
Education, vocational training
Medical care, sports, recreation, adequate meals
No harsh disciplinary measures
degree of privacy
Qualified personnel
Clean environment
Maintenance of
outside contact
Complaints
procedure
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CORE ELEMENTS
OF JUVENILE JUSTICE POLICY
A comprehensive policy
for juvenile justice:
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Prevention of juvenile delinquency
Intervention without court proceedings
Minimum age of criminal responsibility
Upper age limit for juvenile justice
Guarantees for a fair trial
Pre-trial detention and post trial incarceration
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WORKING FOR JUVENILE JUSTICE
health care
providers
parents
family
community
state
educators
justice
personnel
media
social
workers
Thank You