Children in conflict with the Law Pt 4

Last week we dealt with the court proceedings for a child who is alleged to have committed an offence. This week our focus will be on the type of sentences that the court could order. Instead of passing sentence immediately, the court would assign a probation officer to conduct a pre-sentencing conference for the purpose of compiling a report.{{more}}

Sentencing purports to let the child understand the implication of the harm he has done and to encourage him to take account for such harm. Sentencing is geared at an individualized response and takes into account the circumstances of the child and the nature of the offence to arrive at the most suitable sentence for the child. It is not the intention of the law to drive a wedge between the child and his community but to give him a chance to reintegrate with his family and his community. At the same time it aims to provide the child with the necessary supervision and guidance services that would promote his development.

The law provides for a community based sentence which would allow the child to stay in his or her community while being supervised and guided by trained personnel. While a child might have to serve a part of his time in prison, he could be allowed to spend the remainder of his time in community service. This service could be without pay for a period of two hundred and fifty hours for not more than one year.

Restorative Justice Sentences

This is a sentence that is recommended by a family group conference. The probation officer who is appointed by the Child Justice Committee to conduct the conference must organize for the child, his parents or appropriate adult, person requested by the child, a police officer, the victim, attorney at law representing the child, a member of the community and any other person authorized by the probation officer to be present. They must come to a decision as the course of action to be taken. They must also indicate the type of service and the assistance to be provided to the child. The plan must be reported to the Child Justice Committee. If the group cannot agree on a plan of action then the probation officer must close the conference and report to the Child Justice Committee.

Correctional Supervision

A child who is over the age of fourteen years may be subjected to correctional supervision, but the sentence could be postpone or suspended.

Sentences with Compulsory Residential Requirement

A child may be sentenced to a residential facility if he has committed a serious crime and there is a need to protect the community from him or her. It may be required especially if he has failed to respond to other forms of penalties.

Prison sentence

A prison sentence may be imposed if the child was over the age of fourteen years at the time the crime is committed and there are substantial and compelling reasons to commit to prison.

Ada Johnson is a solicitor and barrister-at-law.

E-mail address is: exploringthelaw@yahoo.com