3/17/2013 skannayiram@yahoo.co.in, 1 9444011098 Presentation By - PowerPoint PPT Presentation

3/17/2013 skannayiram@yahoo.co.in, 1 9444011098

Presentation By S.KANNAYIRAM, Former Field Officer, Department of Social Defence & Freelance Consultant Contact +919444011098 E-mail: skannayiram@yahoo.co.in 3/17/2013 skannayiram@yahoo.co.in, 2 9444011098

A working child 3/17/2013 skannayiram@yahoo.co.in, 3 9444011098

Fundamental Requirements of a Juvenile Justice System 3/17/2013 skannayiram@yahoo.co.in, 4 9444011098

The system must be rational and humane 1. Effective in reaching its goals 2. Cost effective in doing so 3. Respect for human dignity 4. Refer to the United Nations treaties. 3/17/2013 skannayiram@yahoo.co.in, 5 9444011098

The child needs to be treated with humanity - Prohibition of torture, capital punishment and life imprisonment without possibility of release for all persons below 18 years. UNCRC -37 - Use of deprivation of liberty as a measure of last resort and for the shortest period of time - In case of deprivation of liberty, the child should be treated with humanity and in a manner that takes into account the special needs of persons of that age 3/17/2013 skannayiram@yahoo.co.in, 6 9444011098

The system shall be child- centered or child-oriented - The child is subject to fundamental rights and freedoms - All actions concerning the child need to be guided by his/her best interests. Article 3 of UNCRC. 3/17/2013 skannayiram@yahoo.co.in, 7 9444011098

Access to justice to children � UN initiatives of Millennium Development Goals to promote the well being of children and protect them from abuse and exploitation are based on the principles of non- discrimination, best in tersest principles, survival and development, and protection from abuse, exploitation etc. 3/17/2013 skannayiram@yahoo.co.in, 8 9444011098

Specialization and multidisciplinary approach - A juvenile justice system shall aim to encourage specialization in child justice practice - A distinct system that treats children differently in a manner appropriate to their age and level of maturity - The approach has to involve all the actors and such actors has to use the discretionary power judicially 3/17/2013 skannayiram@yahoo.co.in, 9 9444011098

What is Discretion? Discretion is defined as: An authority conferred by law to act in certain conditions or situations in accordance with an official's or an official agency's own considered judgment and conscience according to the rules of equity and the nature of the circumstances. Discretion is exercised throughout the juvenile justice System 3/17/2013 skannayiram@yahoo.co.in, 10 9444011098

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Police - vis-à-vis Juveniles Juvenile Justice is Governed by • Juvenile Justice (Care and Protection of Children) Act, 2000 and amended in 2006 • Juvenile in Conflict with law means a person alleged to have committed an offence and has not completed 18 years of age on the date of commission of crime. (Sec. 2 (k) of JJ Act 3/17/2013 skannayiram@yahoo.co.in, 12 9444011098

Police - vis-à-vis Juveniles • Nothing is an offence if it is committed by a child under seven years of age (Sec. 82 of IPC) � Offence committed by a child above seven years and under 12 years is also not an offence, if the individual has no sufficient maturity. (Sec. 83 of IPC) � Juvenile could not be arrested invoking the provisions of Section 46 of CrPC. � Apprehension under Section 10 of JJAct is to be made. 3/17/2013 skannayiram@yahoo.co.in, 13 9444011098

Requirements for a lawful apprehension A child who is apprehended for • allegedly committing an offence has the right: To remain silent • • To be informed promptly of the charges • Not to be compelled to make any confession or admission that could be used in evidence against him/her To be brought before the Board as soon • as reasonably possible • To have the assistance of a lawyer 3/17/2013 skannayiram@yahoo.co.in, 14 9444011098

Requirements • The police officer should confirm the age of the child. Obtain school certificate or birth certificate. Medical determination shall be the last option. (State Rules) • The police must, as soon as possible after apprehension, explain the nature of the allegations in a manner the child can understand • A child is to be advised immediately his/ her right to counsel. Separation from adults during transportation • or transportation with supervision 3/17/2013 skannayiram@yahoo.co.in, 15 9444011098

Requirements A parent or guardian should be • notified immediately after the child is apprehended or, if this is impossible, “within the shortest possible time thereafter.” (Section 13 of JJ Act.) • Before taking a decision either to release on bail or to reprimand or to refer to the adjudication procedure, it is the responsibility of the police to do an assessment 3/17/2013 skannayiram@yahoo.co.in, 16 9444011098

General introduction to assessment • Assessment (or screening) is a process of evaluation of the child, the child’s home or family circumstances, the nature and circumstances surrounding the alleged commission of the offence, and whether the child accepts responsibility for the offence • The possibility of conversion to Board inquiry is investigated and also diversion or other restorative justice options • Assessment can take place soon after apprehension and/or before the child’s appearance before the Board 3/17/2013 skannayiram@yahoo.co.in, 17 9444011098

Purposes of assessment are to: • Determine the nature of the offence and circumstance leading to its commission • Where the children are to be placed • Collect information for the database of cases of arrested children • How to Monitor the treatment programme Screening/assessment is the critical point of • entry and an opportunity for diversion • Assessment guides case planning and recommendations to the Prosecutor and/or to the Board 3/17/2013 skannayiram@yahoo.co.in, 18 9444011098

Minor offence • The police officer will decide immediately whether to: • Arrange a police caution • Send the child to diversionary options • Send the child to Court • Depending on : • The seriousness of the offence • Whether the child has offended before • Whether the child admits the offence or denies it • If the offence is denied, the child will go 3/17/2013 skannayiram@yahoo.co.in, 19 straight to Board. 9444011098

Non-minor offence • Where a child commits a serious offence • (i.e. offending behaviour is determined by the police not to be a minor offence) then the matter might proceed direct to Board. 3/17/2013 skannayiram@yahoo.co.in, 20 9444011098

Who is competent to deal with juvenile? Upon apprehension, the juvenile • shall be placed before the Child Welfare Officer of the Special juvenile Police Unit. Section 10 of JJ Act. In every Police Station one Police • Officer has to be designated as Child Welfare Officer who shall be the member of the District or city Special Juvenile Police unit. Section 63 of JJ Act. 3/17/2013 skannayiram@yahoo.co.in, 21 9444011098

Procedures after apprehension ( Sec. 12 of JJ Act. Upon a pprehension and after • assessment the Child Welfare Officer shall be release a juvenile on bail with or without surety or placed under the supervision of a Probation Officer or under the care of a fit institution or fit person. If not released to be kept in • Observation Home until the juvenile is produced before the “Board” 3/17/2013 skannayiram@yahoo.co.in, 22 9444011098

Application of Section 12 of JJ Act Police could use the discretionary • power either release a juvenile and reprimanded Juveniles could be released on bail in • respect of minor offences with a request to Probation Officer to make follow-up and surveillance. • Police warning and reprimand and subject to informal intervention using the concept of “Diversion” • Police and Probation system could device procedures for “Diversion” 3/17/2013 skannayiram@yahoo.co.in, 23 9444011098

Concept of Diversion Diversion involves the referral of • cases away from formal criminal court procedures and directs offenders towards community support • Diversion options can come into play at any point of decision-making, either as a generally applicable procedure or on the decision of the police, prosecutor, court or similar body 3/17/2013 skannayiram@yahoo.co.in, 24 9444011098

Diversion options can include : • Police warnings • Mediation • Probation • Family groups counselling • Community service • Conditional or unconditional release • Behaviour contracts • Referral to other services such as NGO’s programmes and substance abuse centers. 3/17/2013 skannayiram@yahoo.co.in, 25 9444011098