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

COMMITTEE’S 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

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

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

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.

DOLI INCAPAX RULE - Common Law Feature of Caribbean Juvenile Justice 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

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

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.

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

PRE-TRIAL DIVERSION CRC Riyadh Guidelines 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

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 offender’s good behaviour Send young person to prison Deal with case as court sees fit

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

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

CHILDREN’S RIGHTS IN DETENTION 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

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

WORKING FOR JUVENILE JUSTICE parents family community state health care providers social workers educators justice personnel media

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