— if passed, juveniles could be tried with adults in indictable matters

Home Affairs Minister, Robeson Benn, last Wednesday, tabled the proposed amendments to the Juvenile Justice Act, which could result in juveniles being tried jointly with adults co-accused for indictable offences, which cannot be disposed of summarily.

The bill, which seeks to amend section 36 of the Juvenile Justice Act, No. 8 of 2018, was presented by the Government during the 46th sitting of the Twelfth Parliament at the Arthur Chung Conference Centre (ACCC).

According to the bill’s explanatory memorandum, the amendment seeks to remedy the issue of two separate charges being instituted against a juvenile and adult for an indictable offence done in a joint enterprise.

As such, the proposed amendments will see juveniles being charged and put on trial jointly with their adult co-accused.

Presently, section 3(b) (i) of the said principal act provides for the juvenile justice system to be separate from the system used for adults. Based on this provision, a juvenile would not appear before the court with an adult.

Accordingly, section 36 of the act, which makes provision for a juvenile to appear before a court, was amended to create an exception to section 3(b) (i).

The amendment also allows the magistrate or judge to employ measures as the court considers appropriate to ensure that the best interest of the juvenile remains paramount and the rights of the juvenile enshrined in the act are not curtailed.

According to the memorandum, not only will the amendment save precious judicial time, but also expenses.

The Juvenile Justice Bill was passed in April 2018 to repeal the archaic 1931 Juvenile Offenders Act. The bill seeks to address infractions of the law, involving juveniles, from a standpoint of reformation and diversion.

It also decriminalises offences such as truancy and wandering and deals with issues of youth sentencing. The Act is also aimed at providing a framework where professionals are in the forefront, supporting juveniles rather than the police and prison wardens.