Children in conflict with the law Pt 5

We have been looking at how the new OECS legislation deals with children in conflict with the law. We have noted the roles of the Child Justice Committee, the probation officer and other persons under the legislation. We have also looked at the penalties for crimes, court proceedings, and sentencing.{{more}}

Compensation to victim

You would have observed from last week’s article that with this new legislation, parents have to show cause why they should not pay compensation for the harm caused by their child. There is no doubt that parents now have to pay more attention to their children knowing that they could be called upon to pay compensation to the victim for the harm inflicted by their children. If this serves to help to keep down offences committed by children, it would go a long way to relieve the burden on society. This week we conclude the topic by looking at a few miscellaneous points.

Free legal representation

Legal representation will be provided by the state for a child who is alleged to have committed a crime if the parent cannot do so. The help is provided only after the initial enquiry and where the child is in detention pending trial. It would also be provided where the matter is postponed for trial and it is likely that the child will be given a residential sentence and where the child is over the age of twelve and under the child of fourteen.

The legislation requires the attorney at law representing the child to give the child independent instructions. He or she has the right and duty to explain to the child the proceedings taking into consideration the age and intellectual development of the child. He has to explain about diversion but not in a way to force the child to acknowledge responsibility. He must try to have the matter tried without delay.

Absence of the child

The court can proceed with the matter in the absence of the child on the basis of the child’s deposition. But this would only be accepted if the accused was present when it was done, had the opportunity to cross examine the child and had reasonable notice of the intention to take the deposition.

A clean record

A record of conviction and sentence of a child cannot be expunged/erased if he has committed an offence such as murder, rape, robbery or any other crime under Schedule III.

His or her record could be erased for a lesser offence and the court would take into consideration the nature and circumstances of the offence and the circumstances of the child. The judge or magistrate must explain the decision and give reasons noting any conditions that may be attached. Where the judge decides not to expunge, the decision can be appealed.

Penalty

Anyone who hinders or prevents a police officer or probation officer from performing his or her duties under the act commits an offence and will be liable on summary conviction to a fine not exceeding five thousand dollars or imprisonment for a term not exceeding three months.

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

E-mail address is: exploringthelaw@yahoo.com