1. Proceedings in criminal cases involving juveniles
By Kelly Kapianga and Sara Larios

2. The problem of raising children
What is the state’s role in the upbringing of children?
Ben is a 12 year old orphan. He stays with 2 uncles who are unable of taking care of themselves due to disability so Ben takes care of them by picking and selling left over fruit and vegetables from the local market. The marketeers see Ben as a nuisance. Ben is also on ARV therapy.
One day Ben picked up a small piece of ginger near a stall and as apprehended by the man manning the stall. He was then beaten by the man and his colleagues and paraded around the market as a thief. He was eventually taken to a Police station nearby where the beatings continued an detained for 3 weeks. He is eventually taken to court, convicted of theft and ordered to be detained at Nakambala Approved School.

3. The Juvenile Justice system
Is the mechanism through which the state intervenes in the lives of children under the age of 19 to promote and protect their welfare and well-being.
It is principally regulated by the Juveniles Act, Chapter 53 of the Laws of Zambia.
The system covers:
Children in need of care;
Refractory juveniles; and
Juvenile delinquents.
Criminal proceedings only relate to delinquents

4. Criminal procedure in delinquency proceedings
The juvenile justice system relative to delinquents is imbedded in the conventional criminal justice system.
There are, however, some modifications.
Joe is a 10 year old boy. One day he goes onto the neighbour’s farm and goes to a building which housed parrots. He broke a piece of the building and a parrot flew out. He is arrested, charged, tried and convicted of theft of the parrot.
What’s wrong here?

5. Modifications
The juveniles must ordinarily be dealt with under African customary law unless when doing so is not in their best interests (section 1(2) JA)
When dealing with them conventionally, the law enforcement agencies must first ascertain their ages for purposes of determining criminal liability under section 14 of the Penal Code Act and Article 13(1) (e) of the Constitution.
Thereafter, their parent/guardian must be present at all stages of the dealings with law enforcement lest any inculpatory statements they give can be excluded

6. Modifications-Cont
After charging the juvenile, the Police must release them on bail unless:
They are charged with a homicide or grace offence; or
Their release will prejudice their wellbeing or the interests of justice.
Where a juvenile is not released on bail, they must be detained in a place of safety unless it is impractical undesirable but in all cases, they must be kept so as not to associate with adults.

7. Modifications-Cont
When the juvenile is eventually taken to court, the court must inquire into the juvenile’s age
The parents/guardian must be present at all stages of the proceedings unless it is impractical.
At court, the court must consider releasing the juvenile on bail. Where this is not done, the juvenile must be detained in a place of safety or a remand prison separate from adults.
Where it is impossible to keep them separate from adults, they can be kept in another building which is not a prison

8. Modifications-Cont
Court sittings: Juvenile courts are required to sit in a room not ordinarily used for court business or on different days or times than those used for ordinary court business.
In addition, members of the public are generally not allowed in juvenile court proceedings
Also, it is an offence to publish material about the proceedings which would lead to the identification of the juvenile who is being tried

9. Modifications-Cont The juvenile is charged with a homicide;
As a general rule, juvenile can only be tried by a ‘Juvenile Court’.
Exceptions to the rule include where:
The juvenile is charged with a homicide;
The juvenile is jointly charged with an adult; and
It only emerges later in the proceedings that the accused person is a juvenile and the trial court thinks fit to proceed without constituting itself as a Juvenile Court

10. Modifications-Cont
The Juvenile Court lends assistance to the juvenile in the case as follows:
Taking plea: The court explains the substance of the charge to the juvenile
Cross-examination: Where the juvenile is unrepresented, the court assists them put questions to witnesses where they make assertions instead of asking questions.

11. Modifications-Cont
At the conclusion of the trial, the court does not convict the juvenile but instead enters a finding of guilt
Before determining how to deal with the juvenile, the court will collect information about the juvenile’s health, general conduct, home surroundings, school record, and medical history for the purpose of positioning itself to issue an order which serves to rehabilitate the juvenile.
After the court is armed with this information, it will issue certain orders intended to rehabilitate the juvenile.

12. Modifications-Cont
The orders a court can issue in respect of juveniles include:
Dismissal of the charge.
Probation orders.
Approved school orders.
Reformatory school orders.
An order to pay a fine, damages or legal costs;
Counseling orders;
Community service orders; and
Imprisonment for children of at least 16 years of age.

13. Modifications-Cont
Where, at the conclusion of the trial, a juvenile is issued with a Reformatory or Approved School Order, these orders require confirmation of the High Court.
Where the order is an Approved School Order, the juvenile is required to be kept with a fit person or in a place of safety for no more than 28 days at a time
Where the order is a Reformatory Order, the juvenile is required to be detained in a designated ‘Receiving Centre’ for no more than 3 months and this time must be deducted from the 4 year term of the order
The confirmation proceedings are the same as in adult proceedings.

14. THE END