After months of consultations, the Minister of Public Security, Khemraj Ramjattan on Thursday afternoon initiated the passage of the Juvenile Justice Bill 2018.
As he read the bit of legislation for the first time in the National Assembly, Ramjattan said that the Act is expected to amend and consolidate the law in relation to criminal justice for juveniles; to make provision for proceedings with respect to juvenile offenders; to provide for the establishment of facilities for the custody, education and rehabilitation of juvenile offenders and to repeal the Juvenile Offenders Act and the Training Schools Act.
The Bill, among other things, provides for the juvenile justice system to further the well being of juveniles, and encourage and facilitate juveniles having a meaningful life in the community by rehabilitation, education, reintegration, with proportionate and appropriate accountability to victims and society.
According to the Criminal Capacity aspect of the Act, “no child shall be capable of or guilty of committing an offence unless the presumption is rebutted pursuant to an evaluation done in accordance with subsection.”
In addition to other factors, it was also stated that “where a child is charged, the Director of Public Prosecutions or the Prosecutor or the Attorney-at-law representing the child shall request of the court and the court shall order an evaluation of the child by a suitably qualified person to be conducted at the expense of the State.”
If a teenager has been found guilty of a crime, it was plainly stated that the Juvenile Justice System will be separate from that for adults, and place emphasis on the rehabilitation, education and reintegration of youths.
As such, the Bill is seeking to ensure that a juvenile is subject to meaningful consequences proportionate to the offence and circumstances, recognizing his or her greater dependency and reduced level of maturity, while providing procedural protection to ensure that adolescents are treated fairly and humanely and their rights are protected.
Depending upon the nature of the offence, the Juvenile Justice Bill 2018 provides “Diversions” which is considered to “often [be] the most appropriate and effective way to address juvenile crime and it allows “for effective and timely interventions focused on correcting offending behaviour.”
‘Diversion measures’, it was outlined, shall not be exploitative, harmful or hazardous to the physical or mental health of the juvenile; shall be appropriate to the age and maturity of the juvenile; and shall not interfere with the education of the juvenile.
Some of the examples of ‘Diversion measures’ provided by the Bill may include “an oral or written apology to a specified person or institution”, “placement by the court under the supervision and guidance of the Chief Probation Officer” or “referral by the court to counseling or therapy for a specified period” among others.
