Juvenile delinquency

Recently, there has been the incidence of violence involving children in the school environment. Still more troubling are the news of weapons and drugs in schools. The consultation organized by the Ministry of Education at the Peace Memorial Hall revealed that many crimes including assault are indeed committed by children under the age of sixteen.{{more}} According to the Assistant Commissioner, Mr. Ekron Lockart there were as many as 115 reported crimes committed by student in 2005.

Various suggestions are put forward as to the source of the problem but the main objective appears to be a search for solutions to the problems. There are persons who feel that the Courts are too lenient and that children should be treated as adults. This week we would look at some areas with regards to juvenile offenders.

The law makes several definitive statements in relation to young people. Under the Law of Minors, “a minor” is a person under the age of eighteen years; under the Juvenile Act “a child” is a person under the age of fourteen, “a juvenile” is under the age of sixteen and “a young person” is under the age of sixteen but over the age of fourteen. Therefore when a person under the age of sixteen years commits an offence he is a juvenile offender and must not be treated the same as an adult. The proceedings are different so too are the punishments.

Age of majority

According to section 3 of the Juvenile Act” it shall be conclusively presumed that no child under the age of eight years can be guilty of any offence”.

Human Rights

Human Rights Watch has made recommendation for countries to take at least certain minimum steps to safeguard the human rights of children in conflict with the law:

• All governments should ensure that children in conflict with the law are detained only as a last resort and for the shortest appropriate period of time. Children should never be incarcerated for acts that would not be crimes if committed by adults.

• Conditions of detention and incarceration should meet international standards. Children should never be detained with adults. They should be permitted regular, frequent contact with their family members, legal representatives and others from the outside world and should be given access to education health and mental health care, adequate food and sanitary facilities.

The Family Court deals with matter pertaining to young persons and the family. Its matters are conducted in camera to the exclusion of the public.. This is in also in keeping with section 7 of the Juvenile Act which states that no person other than the members and officers of the courts and the parties in the case, their legal practitioner and any legal practitioner in attendance should be present in the Court.

Juvenile delinquency must be attacked vigorously. As mentioned before in another article, there is a need to strengthen or institute counseling programs in schools and make stronger links with all stake holders including the parents and social workers in Family Services department.

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com