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. 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

4. 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

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
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 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

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 offender’s 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. 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

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
parents family community state
health care providers
social workers
educators
justice personnel
media

18. Thank You