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JUVENILE JUSTICE: THE CARIBBEAN REALITY

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JUVENILE JUSTICE: THE CARIBBEAN REALITY Hazel Thompson Ahye Thank You Thank You * THE UN CONVENTION ON THE RIGHTS OF THE CHILD ( CRC) Ratified by all Caribbean ... – PowerPoint PPT presentation

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Title: JUVENILE JUSTICE: THE CARIBBEAN REALITY


1
JUVENILE JUSTICE THE CARIBBEAN REALITY
  • Hazel Thompson Ahye

2
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

3
COMMITTEES CONCERNS ON CARIBBEAN JUVENILE JUSTICE
  • Age of criminal responsibility
  • Sentencing
  • Corporal punishment
  • Lengthy detention of children in police lock-ups
  • Separation of children from adults
  • Training of all professionals

4
COMMITTEES 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

5
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

6
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 and
    continue to increase it to higher level.

7
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

8
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

9
MEASURES FOR PROTECTION OF RIGHTS OF JUVENILES.
  • 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.

10
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

11
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

12
DISPOSITION OF CASES
  • 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 offenders good
    behaviour
  • Send young person to prison
  • Deal with case as court sees fit

13
OTHER DISPOSITONS
  • 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
  • Parenting order

14
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

15
CHILDRENS RIGHTS IN DETENTION
  • Childs 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

16
CORE ELEMENTS OF JUVENILE JUSTICE POLICY
  • A comprehensive policy for
    juvenile justice
  • 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

17
WORKING FOR JUVENILE JUSTICE
18
Thank You
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