THE Juvenile Justice Bill was on Thursday read for the first time before the National Assembly by Public Security Minister, Khemraj Ramjattan, with provisions that a child below the age of 12 will not be capable of being guilty of committing a crime.

The first reading of the Bill follows statements by the Public Security Minister in February that he wanted the bill fine-tuned before taking it to Cabinet and then the National Assembly. The minister said the Bill seeks to amend and consolidate the law in relation to criminal justice for juveniles and generally reforms of the juvenile justice system in Guyana by providing for the custody, education and rehabilitation of juvenile offenders.

Part one of the Bill speaks to criminal capacity and says that it shall be presumed that no child under the age of twelve shall be capable of or guilty of committing an offence. However, that presumption can be rebutted where an evaluation is done of the child’s cognitive, emotional, psychological and social development. Part 11 of the Bill sets out the principles and objectives to be used in diversion and stipulates the general conditions which govern diversion measures.

It also sets out the various diversion measures that are available, the circumstances under which a diversion measure may be used and provides for the Director of Youth to develop diversion measures. Additionally, this Bill states that notice must be provided to a parent in relation to the use of a diversion measure and that a victim has a right to information on the use of such measures on request. Moreover, it provides for the police to use warnings and referrals with respect to a juvenile instead of allowing the juvenile to be dealt with through judicial proceedings.

The third part of the Bill deals with the organisation of the juvenile justice system. This part provides the court with exclusive jurisdiction in juvenile justice matters subject to the Constitution. It also provides that diversion measures or judicial proceedings commenced under the Act shall continue after the juvenile attains the age of eighteen years. Additionally, this part stipulates that the Act applies to persons eighteen years and older who are alleged to have committed an offence as a juvenile.

Meanwhile, PART IV provides for the Director of Public Prosecutions to conduct pre-charge screenings and restricts private prosecution unless written consent is given by the DPP chambers. It also provides for the juvenile to be able to retain counsel at any stage of the proceedings and for the juvenile to be informed of this right. This part also provides for parents of the juvenile to be notified of the arrest and for the court, by order in writing, to require the parent of the juvenile to attend court.

Further, Part IV provides that the court at any stage of the proceedings may refer the juvenile to the Director of the Childcare and Protection Agency (C&PA) for assessment to determine whether the juvenile is in need of child welfare services. Part V, however, deals with the detention of juveniles prior to sentencing. To this end, this section sets out the procedure to be followed by the police with respect to taking statements from a juvenile. Also, the procedures to be followed by the police for release of a juvenile from custody where the juvenile has been arrested for an offence not in the Schedule or for one listed in the Schedule was outlined.

Part V also provides that a police officer shall not release a juvenile from custody where the police believes on reasonable grounds that to keep the juvenile detained would be in the best interest of the public. Issues of summons or recognisance were also stipulated in that part of the Bill.

PART VI addresses the purpose and principles to be applied in sentencing a juvenile and makes provision for a pre-sentence report and sets out the contents of a pre-sentence report while indicating that a copy of the pre-sentence report shall be given to the juvenile, any parent of the juvenile, any adult assisting the juvenile or any counsel representing the juvenile and the prosecutor.

Additionally, the bill states that a child or juvenile shall not be sentenced to imprisonment and that a conviction must not be recorded where there is a finding of guilt. Recommended probation or supervisory orders were also indicated where a juvenile is found guilty of an offence.

The Juvenile Justice Bill also makes provision for the review of sentences and notes the conditions for the continuation of custody of a juvenile. It provides that the DPP, Director of Youth or Chief Probation Officer may apply to the Court for extension of a custodial sentence where they have reasonable grounds to believe that a juvenile has breached or is about to breach a condition of probation, custody and supervision order or a deferred custody and supervision order.

The bill also provides for the annual review of a custodial sentence where the juvenile is committed to custody for a period exceeding one year and sets out the grounds for review. However, there shall be no review of a sentence where an appeal is pending until the appeal has been completed. This Part also makes provision for the transfer or non-transfer of a juvenile on attaining 18 years. This part further prohibits appeal from review of a sentence and stipulates the effect of an absolute discharge or termination of a sentence.

The custody, supervision and rehabilitation of a juvenile were identified. The legislation further outlines the purpose of and principles to be applied in the juvenile custody and supervision system. It also stipulates that juveniles must be held separate from adults and provides for the relevant minister to establish facilities for custody and detention.

Additionally, the subject minister must appoint a director of youth and set out the functions and duties of the Director of Youth. By virtue of the Bill, the minister can delegate certain power and duties to authorized persons and provide for the minister to make regulations.
Moreover, the legislation sets out guidelines and procedures that govern any publication, record and information relating to a juvenile. It provides that the privacy of a juvenile must be protected and provides exceptions and conditions under which the records and publication of those records may be allowed. The bill places restrictions on the access period for information disclosure and restricts disclosure of information other than to an authorized person. For instance, this part allows for disclosure by the Director of Public Prosecutions or a police officer of information in a record during an investigation of an offence under restrictive circumstances or where the court has ordered that the information be disclosed to the Director of Public Prosecutions or a police officer.

PART X of the Bill provides for circumstances where a court can continue the hearing of a matter commenced before another court. It also prevents a person from being present in court at a hearing related to a child unless the person’s presence is connected with the proceedings of the court or unless permission is granted.