The Legal Aid Council is reminding parents

and guardians that no child should go before the court without legal

representation, including children deemed uncontrollable.

“Although a child being uncontrollable is

not a criminal offence, we provide a lawyer to intervene, because if a child

comes before the court as uncontrollable, a judge may send that child to a

juvenile correctional facility,” Executive Director of the Legal Aid Council

(LAC), Hugh Faulkner, contended.

The detention or institutionalisation of a

child is a measure of last resort in accordance with the Convention on the

Rights of the Child.

Faulkner explained that the Ministry of

Justice actively seeks to safeguard the rights of children facing the justice

system.

He noted that the Child Diversion programme

being implemented by the Ministry of Justice is an excellent tool, designed to

protect the rights of children who come in conflict with the law, while

ensuring appropriate redress for the matter.

“Coming before the criminal court involves

many processes, some of which a child may not be able to fully comprehend. When

a child is taken into custody, arrangements for question-and-answer in the

presence of the child’s parents are made. An identification parade may be

organised, after which a preliminary court date, criminal inquiry date or a

trial date may be assigned. This is a lot of time for a child whose main focus

should be on school,” Faulkner told JIS News.

The National Child Diversion Programme is a drive by the Ministry of Justice to reduce the number of children who are charged with offences and exposed to the formal criminal justice system.

— JIS