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Juvenile Justice in Different Countries
Age of Criminal responsibility and Treatment of Juvenile Offenders
A Compilation by HAQ: Centre for Child Rights
In the world, there are three models that inspire administration of juvenile justice
The Welfare Model
The Justice Model or Control model - Retributive
The Restorative Model
The age of criminal responsibility and treatment of juveniles thus varies under the different
models adopted by various countries. The table below presents some insights from 32
countries.
S. NO. COUNTRY NAME OF ACT AGE OF
CRIMINAL
RESPONSIBILIT
Y
PUNISHMENT/INCAR
CERATION
1. CANADA Youth Criminal
Justice Act-
2003
( Most recent
amendment)
12 years
The Criminal
Code of
Canada, section
13, states "No
person shall be
convicted of an
offence in
respect of an
act or omission
on his or her
part while that
person was
under the age
of twelve
years."
The YCJA (Youth
Criminal Justice Act)
governs the
application of criminal
and correctional law
to those 12 years old
or older, but younger
than 18 at the time of
committing the
offence.
Youth aged 14 to 17
may be tried and/or
sentenced as adults
under certain
conditions, as
described later on in
the act. (Sec 61)
Though all trials will
take place in a youth
court under the Youth
Criminal Justice Act,
for certain offences
and in certain
circumstances a youth
may receive an adult
sentence.
2
2. U.S.A Juvenile Justice
and
Delinquency
Prevention Act
( JJDPA-1974)
In 2002, the Act
was
reauthorized
The lowest age
is six, in North
Carolina.
Several states
have no set
standard, and
thus rely on the
common law
age of seven
On June 25, 2012, the
US Supreme Court
ruled unconstitutional
the mandatory
sentence of life
without the
possibility of parole
(LWOP) for crimes
committed by
juveniles. The ruling
did not specify
whether it applied
retroactively to those
in prisons or to future
juvenile felons.
The court banned only
mandatory life
sentences without
parole for those under
age 18 convicted of
murder; it did not
completely banish life
(with parole)
sentences for such
convicts.
In most States, cases
referred to juvenile
court that meet
certain criteria may be
transferred to criminal
court upon the
authorization of the
juvenile court judge.
This mechanism is
known as "judicial
waiver," since the
judge is "waiving" the
juvenile court's
jurisdiction and giving
the case over to the
criminal system.
Judicial Waiver
Under judicial waiver
laws, the case
3
originates in juvenile
court. Under certain
circumstances, the
juvenile court judge
has the authority to
waive juvenile court
jurisdiction and
transfer the case to
criminal court. State
statutes vary in how
much guidance they
provide judges on the
criteria used in
determining if a
youth’s case should be
transferred. Some
states call the process
“certification,”
“remand,” or “bind
over for criminal
prosecution.” Others
“transfer” or “decline
jurisdiction.”
Almost all states have
judicial waiver
provisions which is the
most traditional and
common transfer and
waiver provision.
Age of Juvenile Court
Jurisdiction
These laws determine
the age of adulthood
for criminal justice
purposes. They
effectively remove
certain age groups
from the juvenile
court control for all
infractions, whether
violent or nonviolent,
and place them within
the adult court
jurisdiction.
Thirteen states have
defined the age of
4
juvenile court
jurisdiction as below
the generally accepted
age of 18 years old.
Transfer and Waiver
Provisions
These laws allow
young people to be
prosecuted in adult
courts if they are
accused of committing
certain crimes.
A variety of
mechanisms exist by
which a youth can be
transferred to adult
court.
Most states have
transfer provisions,
but they vary in how
much authority they
allow judges and
prosecutors to
exercise.
Prosecutorial Waiver
These laws grant
prosecutors discretion
to file cases against
young people in either
juvenile or adult court.
Such provisions are
also known as “concur
rent jurisdiction,”
“prosecutorial
discretion,” or “direct
file.”
Fifteen states have
concurrent jurisdiction
provisions.
Reverse Waiver
This is a mechanism to
allow youth whose
cases are being
5
prosecuted in adult
court to be
transferred back down
to the juvenile court
system under certain
circumstances.
Half of the states have
reverse waiver
provisions.
Statutory or
Legislative Exclusion
These laws exclude
certain youth from
juvenile court
jurisdiction entirely by
requiring particular
types of cases to
originate in criminal
rather than juvenile
court.
More than half of the
states have statutory
exclusion laws on the
books.
Blended Sentencing
These laws allow
juvenile or adult
courts to choose
between juvenile and
adult correctional
sanctions in
sentencing certain
youth. Courts often
will combine a
juvenile sentence with
a suspended adult
sentence, which
allows the youth to
remain in the juvenile
justice system as long
as he or she is well-
behaved. Half of the
states have laws
allowing blended
6
sentencing in some
cases
Certain states have
recently changed
their state laws and
are aiming towards
removing juveniles
from the criminal
justice system. ( As of
2011)
Four states (Colorado,
Maine, Virginia and
Pennsylvania) have
passed laws limiting
the ability to house
youth in adult jails and
prisons
Three states
(Connecticut, Illinois,
and Mississippi) have
expanded their
juvenile court
jurisdiction so that
older youth who
previously would be
automatically tried as
adults are not
prosecuted in adult
criminal court
Ten states (Arizona,
Colorado, Connecticut,
Delaware, Illinois,
Indiana, Nevada,
Utah, Virginia and
Washington) have
changed their transfer
laws making it more
likely that youth will
stay in the juvenile
justice system.
Four states (Colorado,
Georgia, Texas, and
7
Washington) have all
changed their
mandatory minimum
sentencing laws to
take into account the
developmental
differences between
youth and adults
3. ENGLAND & WALES A number of
Acts, dating
back to 1933,
provide for the
system of
juvenile justice
in England and
Wales and
attempt to
ensure that a
fair trial and
fair treatment
is given to
children
accused of
crimes.
(Children and
Young Persons
Act 1933 (as
amended by s
16(1) Children
and Young
Persons Act
1963)
The minimum
age of criminal
responsibility
in England and
Wales is
currently ten
years old.
Those below
this age are
considered doli
incapax and
thus incapable
of forming
criminal intent.
For children to whom
preventive methods
do not apply, for
example, due to the
seriousness of the
offense, or who have
exhausted them, the
juvenile justice system
then operates in the
form of a Youth Court,
which hears cases of
ten to eighteen year
olds. This youth court
was established to
prevent children and
young people from
entering into contact
or associating with
adult suspects during
any phase of a trial.
Detention and
Training Order (DTO)
Persons aged
between twelve and
seventeen: can be
given a DTO that lasts
for between four
months and two
years. Half of the time
is spent in custody
and half in the
community.
The DTO can be made
available by the Home
8
Secretary for the
persons between the
ages of eleven and
twelve when dealing
with a persistent
offender.
The court has a range
of different sentences
for young offenders;
for example,
supervision orders
that can have a variety
of conditions attached
to them or an Action
Plan Order, an
intensive, three
month long
community-based
programme.
More serious custodial
methods of
punishment are
detention and training
orders. These orders
are normally given to
children representing
a “high level of risk *to
the public, have a
significant offending
history or are
persistent offenders
and where no other
sentence will manage
their risks effectively.”
They apply for a
minimum period of
four months to a
maximum period of
two years, with half of
the sentence being
served in custody and
the remainder in the
community supervised
by a “youth offending”
team.
9
Only those offenders
over the age of fifteen
may be sentenced to
detention in a young
offenders’ institution,
although this latter
restriction does not
apply to children aged
ten and over
convicted of murder
For very serious
offenses, children are
prosecuted in the
Crown Court. The
Crown Court can
sentence children
between ten and
eighteen years old
that have committed
an offense that is
punishable by
fourteen or more
years’ imprisonment
for adult offenders,
children that have
committed murder, or
certain sexual
offenses, may be
sentenced for up to
the adult maximum
for the same offense.
The young offenders
are not placed in
prisons alongside
adults, but can be
placed in secure
training centres,
secure children’s
homes, or young
offenders’ institutions.
Murder carries a life
sentence. For persons
convicted of murder
that are under
eighteen years of age
indefinite detention
10
begins in a social
services secure
accommodation.
The person is then
transferred to a
young offender
institution at
eighteen and to
prison at twenty one.
The Lord Chief Justice
sets the length of
detention and it is for
the Parole Board to
determine whether
the young person
should be released.
(See: Section 90
Powers of Criminal
Courts (Sentencing)
Act 2000, as amended
by sections 60 (2)-(3)
of the Criminal Justice
and Court Services Act
2000)
In England and Wales,
a person under 21
cannot receive a
whole life tariff, the
equivalent of an
LWOP sentence,
because Schedule 21,
and 269(4) of the
Criminal Justice Act
2003 restricts such
sentences to persons
aged 21 or older.
4. IRELAND
( Republic of Ireland)
Children Act
2001
In October
2006, the age
of criminal
responsibility
was raised
from from 7
The juvenile court has
been replaced by a
new Children’s Court1
under the Children Act
(2001).
1
Part 7 of the Children Act (2001) relating to the Children Court has been implemented.
11
years of age to
12 years of age
The age of
criminal
responsibility
in Northern
Ireland is 10
years old
The Children’s Court
has the power to deal
with both offending
and non-offending
children up to 18
years of age – this
represents a change
from the previous
legislation where the
court had jurisdiction
over children under-
17 years only.
The Children’s Court
has the power to deal
summarily with a child
charged with most,
but not all, indictable
offences. The decision
to be tried summarily
for an indictable
offence depends on
the age and maturity
of the child as well as
other relevant
factors.2
Excluded
indictable offences
include those which
are required to be
tried by the Circuit
Criminal Court or
manslaughter. In
these cases, young
people are treated like
their adult
counterparts in the
adversarial system.
The court may take
mitigating factors
such as the child’s age
and level of maturity
into consideration
when determining the
nature of any penalty
12
imposed, unless the
penalty is fixed by law
while the fourth
principle posits that
the penalty imposed
on a child for an
offence should be no
greater (and may be
less) than that which
an adult would receive
for the same offence.
On 1 May 2012, an
Order was signed by
the Minister to end
the practice of
sending 16-year-olds
to St. Patrick’s
Institution ( an adult
secure prison) and all
newly remanded or
sentenced 16-year-
olds have since been
detained in the
children’s detention
facilities at
Oberstown.
The last 16-year-old in
St. Patrick’s was
released in July 2012.
The detention of 17-
years-olds in St
Patrick’s
will continue until the
completion of the new
facility in 2014
Once complete, the
three existing child
specific facilities on
the Oberstown
campus and the new
detention units will
create one single
detention facility. This
will accommodate all
13
children on remand or
serving a sentence in
Ireland, as originally
provided for in the
Children Act 2001. It is
planned that an
amendment
will be made to the
Children Act 2001 to
provide a secure legal
framework for the
operation
of the campus as a
single integrated
facility
At present, females
aged 16 years and
over can be detained
in the Dochas Centre
which is a facility for
adult female
prisoners at Mountjoy
Prison.
For children detained
in Children Detention
Centres (16-18 year
olds) a sentence of
detention should not
exceed the terms of
imprisonment for an
adult convicted of the
same offence.
5. FRANCE Since the Order
of 2nd February
1945, a specific
justice system
applies to
children and
adolescents
under 18 years
of age, namely
juvenile justice
While the
onset of
criminal
responsibility
in France is age
13, children
aged 10-12
may be brought
before child
court judges
solely for the
In June 2011, French
Parliamentarians voted
on a new law in the
National Assembly
introducing a reform of
the juvenile justice
system. The law
provides for the creation
of a criminal court with
a juvenile judge to
adjudicate on recidivist
offenders aged 16 to 18
14
purpose of
applying
security
measures,
provided that
child is at risk
Accordingly, it
is possible to
apply a
minimum age
excluding
serious
offenses.
Sentencing
young person’s
at least 13 but
not yet 17
happens as an
exception; as a
rule,
“educational
security
measures” are
applied instead
years. The law also
introduces new
procedures for faster
prosecution. The law
was largely criticised by
civil society as it
represents a regression
of juvenile justice and
puts in danger the
specificity of the justice
system for minors
Juvenile assize courts
try serious offences
committed by minors
from 16 to 18 years of
age in accordance
with the special
procedure applicable
to minors. These
courts comprise three
professional judges
and a civilian jury.
Minors are
considered criminally
responsible as soon
as they are "capable
of discernment".
Age of discernment is
set roughly between
the ages of 8 and 10,
from which age
minors can be
sentenced. Penalties
are adapted to the
age of the offender:
From 10 to 13 years
of age, educational
penalties can be
imposed on minors
(such as the
confiscation of an
object, for example). If
the minor concerned
does not comply with
15
the penalty, he or
she may be placed
in a household or a
specialized centre for
juvenile offenders;
From 13 to 16 years
of age, minors may
be criminally
sentenced; they can
receive a prison
sentence, but are
liable to only half the
sentence prescribed
for adults; they cannot
be remanded in
custody, except if they
have committed a
serious offence;
From 16 to 18 years
of age, minors can
be remanded in
custody and the
excuse of minority
can be set aside.
Because juvenile
delinquents are now
younger and commit
more serious
offences, juvenile
justice has gradually
tended to accelerate
procedures and to
strengthen
educational
supervision.
A new piece of
legislation in France
allows children
between the ages of
16- 18 who have
twice or more re-
offended to be
sentenced as adults
and faced with harsh
prison sentences.
16
6. ITALY Italian Penal
Code
Code of Penal
Procedure DPR
448/1988
Article 97 of
the Italian
Penal Code
states that a
person who has
not yet
reached the
age of 14 at the
moment when
he /she
commits a
crime must not
be punished
A person who has
reached the age of 14
but not 18 at the time
of committing a crime
and who is” capable
of understanding and
willing” must be
punished but the
punishment may be
reduced.
Between the ages of
14-18 the ability to
understand and to
form mental intent
must be clearly
ascertained in each
case by the presiding
judge
Concerning the
decisions that the
court can impose, the
penal code states that
the orders and
sentences applicable
to adults may also be
applied to minors with
considerable latitude
and reductions. If the
youth is deemed likely
to re offend he/she
can be confined to a
judicial reformatory
7. NETHERLANDS 1 Children’s
Rights Act and
Code of
Criminal
Procedure of
the
Netherlands
2 Amendment
to the Juvenile
Criminal Law
(1995)
Children under
the age of 12
cannot be held
criminally
responsible.
Similarly
juvenile law
can be applied
to young
people aged
In exceptional cases
16 and 17 year olds
can be tried according
to adult law.
The punishment of
juveniles with
incarceration is
generally stipulated
for serious crimes, i.e.
for crimes that carry a
17
3 Youth
Custodial
Institutions Act
(Sept 2001)
18–20 years
who function
mentally at a
much younger
age
punishment of over 4
years imprisonment
for adults.
Young people who
have not yet turned
16 at the time of the
crime may be
sentenced to a
maximum of 1 year in
prison.
For offenders
between 16-18 years,
maximum sentence is
2 years in prison.
When the punishment
of incarceration is
necessary for more
than 6 months, a
report must be
obtained from a
psychologist who is
required to meet the
child in prison.
In the Netherlands
there is the
(theoretical)
possibility of life
imprisonment with
the possibility for
parole, restricted to
juveniles at least 16
years in age.
8. GERMANY The Juvenile
Welfare Act
(JWA)
Minimum age
of criminal
responsibility is
14 years.
A juvenile
offender older
than 14 and
less than 18
years of age
can
be punished, if
Only a small part of
the convicted
juveniles is sent to
prison; in 2009,
unsuspended youth
penalty was imposed
on 2,076 convicted
minors only.
The minimum length
of youth
imprisonment is six
18
he or she has
reached a level
of moral and
intellectual
maturity
sufficient to
enable him/her
to understand
the
wrongfulness
of the act and
to conduct
himself in
accordance
with such
understanding
months, the maximum
five years, for 14 -17
year-old juveniles.
In cases of very
serious crimes for
which adults could be
punished with more
than ten years of
imprisonment, the
maximum length of
youth imprisonment is
ten years. In the case
of 18-20 year-old
young adults
sentenced according
to the JJA the
maximum penalty is
ten years, too. The
preconditions for
youth imprisonment
are either the
“dangerous
tendencies” of the
offender that are
likely to exclude
community sanctions
as inappropriate, or
the “gravity of guilt”
concerning particular,
serious crimes (like
murder, aggravated
robbery etc
9. SWEDEN In Sweden
there is a
special law
(1964:167)
concerning
juvenile
perpetrators.
This law deals
with persons
who have not
reached the
age of twenty
one. It is quite
an extensive
law that cannot
The definition
of “young
offenders” in
Sweden is
offenders who
have reached
the age of 15
but have not
yet turned 21.
The age of
criminal liability
is 15 and 21
was previously
the year in
which one
Young offenders can
be sentenced to
special sanctions for
young people, but also
to other sanctions.
The special sanctions
youth care and youth
service are based
more on the best
interests of the child
and on the young
person’s social
situation than on the
penal value of the
crime. Closed youth
19
be referred to
in its entirety
came of age.
Today the age
has been
lowered to 18,
but special
circumstances
still apply to
offenders aged
between 18
and 20.
detention is, on the
other hand, intended
as an alternative to
prison in the case of
especially serious
crimes, and is
determined entirely
on the basis of the
penal value of the
offence.
10. BELGIUM Youth
Protection Act
of 1965
modified May
15th 2006
Law of June
13th
2006
amending the
legislation
relating to the
protection of
youth and takes
charge of
minors who
have
committed an
act qualified as
an offence
Children aren’t
criminal
responsible
below the age
of eighteen.
The youth court
imposes no
punishments
like in adult
courts, but
‘educational
measures’
Besides criminal cases,
the youth court is also
competent to try
cases of children in
need of care, and
deviant behaviour (i.e.
truancy). In practice, it
occurs that the police
demand juveniles to
participate in
educational training
such as traffic courses
or to restore small
damages. If the
deviant behaviour of a
young person reveals
a “problematic
educational situation”,
they can refer him
(and his parents) to
social support
agencies (yet without
conditions).
While most
delinquent minors
appear before youth
court, the juvenile
judge can however,
exceptionally decide
to refer a juvenile
offender aged over 16
to the Public
Prosecutor with the
intent of prosecuting
and sentencing the
minor in adult court
(‘transfer to adult
20
court’)
11. INDIA Juvenile Justice
(Care and
Protection of
Children) Act,
2000, as
amended in
2006 and 2011
Juvenile Justice
(Care and
Protection of
Children) Rules,
2007
Indian Penal
Code, 1860
The Indian
Penal Code sets
the minimum
age of criminal
responsibility at
7 years under
Section 82 (the
doli incapax
provision) -
“Nothing is an
offence which
is done by a
child under
seven years of
age.”
Section 83 of
the Code
specifies the
age within
which children
are presumed
doli incapax
unless the
prosecution
proves
otherwise. This
section states,
“Nothing is an
offence which
is done by a
child above
seven years of
age and
under twelve,
who has not
attained
sufficient
maturity of
understanding
to judge of the
nature and
consequences
of his conduct
on that
There is no concept of
punishment in the
Juvenile Justice Act.
The law provides for
different kinds of
orders that may be
passed by the Juvenile
Justice Board dealing
with offences
committed by children
below the age of 18
years. These include:
• Allow the juvenile
to go home after
advice.
• Direct the juvenile
to participate in
group counselling.
• Order the juvenile
to perform
community
service.
• Order the parent
or the juvenile
himself to pay a
fine.
• Direct to be
released on
probation of good
conduct.
• Directing to be
sent to a special
home subject to a
maximum period
of three years
irrespective of the
nature of offence
committed.
The Board shall obtain
& consider the finding
of social investigation
report (SIR) while
making its order.
21
occasion.”
No juvenile found
guilty of committing
an offence can be
sentenced to death or
life imprisonment.
No juvenile found
guilty of committing
an can be committed
to prison in default of
payment of fine or in
default of furnishing
security.
A child in conflict with
the law can also be
treated as a child in
need of care and
protection in certain
cases such as in the
case of a child in the
7-12 year age group
caught for a petty
offence or in the case
of a first time
offender. In such
cases the child will be
transferred to the
Child Welfare
Committee for care,
protection and
rehabilitation.
12. PAKISTAN Juvenile Justice
System
Ordinance,
2000
Section 82 of
the Pakistan
Penal Code sets
the age of
criminal
responsibility
for most
offences at
seven, while
Section 83 it is
presumed that
children
between case
Where a child under
the age of fifteen
years is arrested or
detained for an
offence, which is
punishable with
imprisonment of less
than ten years, shall
be treated as if he was
accused of
commission of a
bailable offence. No
child under the age of
22
of children
between 7 and
12 years of age
are doli incapax
the prosecution
and so the
prosecution
must prove the
child knew
their acts were
'seriously
wrong’
fifteen years shall be
arrested under any of
the laws dealing with
preventive detention
or under the
provisions of Chapter
VIII of the Code.
Provided that where a
child of the age of
fifteen years or above
is arrested, the Court
may refuse to grant
bail if there are
reasonable grounds to
believe that such child
is involved in an
offence which in its
opinion is serious,
heinous, gruesome,
brutal, sensational in
character or shocking
to public morality or
he is a previous
convict of an offence
punishable with death
or imprisonment for
life.
13. SRI LANKA The law on
juveniles is
governed by
the Children
and Young
Peoples
Ordinance
Minimum age
of criminal
responsibility is
set at eight
years.
Between eight and
twelve years, the
judge has
discretionary powers
to hold a child
criminally
accountable, or not,
based on judge’s
judgment on whether
the child has attained
sufficient maturity of
understanding the
nature of
consequences of his
conduct on that
occasion. Children
above 12 years can be
charged with criminal
liability regardless of
they have attained
23
sufficient maturity to
understand the nature
and the consequences
of their conduct.
Children between 14-
16 are considered as
young persons.
Children between 16
and 18 are treated as
adults by the criminal
justice system.
14. MALDIVES LAW ON THE
PROTECTION
OF
THE RIGHTS OF
CHILDREN
Article 9 of this
law requires
the
establishment
of a special
procedure in
cases involving
juvenile
delinquents
A Juvenile
Justice Bill is in
its draft
stages and the
JJU has been
placed under
the Home
Ministry
Although the
Maldives
heralded a
modern new
democratic
Constitution in
2008, much of
the
corresponding
legislation aimed
at reforming the
criminal justice
Minimum age
of criminal
responsibility,
is set at 10
years
Children between 16
and 18 years are
considered as adults
in the Maldives.
Juvenile offenders are
kept either in
Dhoonidhoo where
criminal detainees and
political prisoners are
housed, during
investigation. The
difference between
adults and juvenile
detainees are that
adults are housed in
cells while juveniles
are kept in tents.
Upon sentencing they
are transferred to the
regular jail for adults
or transferred home
to house arrest.
Corporal punishment
is lawful as a sentence
for crime and for
disciplinary purposes;
Regardless of the
outcome of the family
conferencing or the
court decision, schools
are forced to expel
children in conflict
with the law from
school as they need to
24
system and the
juvenile justice
system remains
comply with
regulations set by the
Ministry of Education.
In 2009, a
“Correctional
Training Centre for
Children” for at-risk
young people was
established and offers
life skills programmes
and vocational
training.
15. SINGAPORE Children and
Young Persons
(Amendment)
Act of 2001 is
the key
legislation
governing the
administration
of juvenile
justice in
Singapore.
Welfare of the
juvenile is a
guiding
principle of this
Act.
The Act
determines the
jurisdiction of
the Juvenile
Court for
persons aged 7
to under 16
year olds
Pre-Court
Diversionary
Measures
a. Release the juvenile
with a warning
to both the juvenile
and the parents
or guardians
Discharge the case
conditionally or
unconditionally;
b. Place a bond on the
parent/guardian
to ensure proper care
and supervision
of the juvenile;
c. Place the juvenile
under the care of a
“fit person”;
d. Place him/her on
stand alone
community service
order;
e. Place him/her on
stand alone
weekend detention;
f. Place him/her on
probation for a
period ranging from 6
month to 3
years with or without
conditions
(which may include
requiring him/her
25
to go for periodic
training as a
condition of
probation) and with or
without a condition of
residency in a
probation hostel for
up to 12 months;
g. Order the juvenile
to be detained for a
period not exceeding
3 months and
place him/her on
probation upon
discharge;
h. Order him/her to be
detained for a
period of not more
than 6 months;
i.Order the juvenile to
be committed to
an Approved School
for juvenile
offenders for
rehabilitation for a
period between 24 to
36 months;
j. Require the juvenile
and parents to
participate in family
conferencing;
k. Require the parents
to go for
mandatory
counselling
Institutionalization of
a young offender
is considered only as
a last resort after all
else have failed and
when it becomes
sufficiently clear that
committing a young
Offender to an
institution is really in
his/ her best interest.
26
16. PHILLIPINES "Juvenile
Justice and
Welfare Act of
2006.
With the
signing of the
Juvenile Justice
and Welfare
Act 2006 by
President
Gloria
Macapagal-
Arroyo, the
Philippines
introduced a
new juvenile
justice system
A child fifteen
(15) years of
age or under at
the time of the
commission of
the offense
shall be exempt
from criminal
liability.
However, the
child shall be
subjected to an
intervention
program
pursuant to
Section 20 of
this Act.
The Juvenile
Justice and
Welfare Council
(JJWC) has
opposed a
House bill
seeking to lower
the minimum
age of criminal
responsibility to
over 12 years
old.
A child above fifteen
(15) years but below
eighteen (18) years of
age shall likewise be
exempt from criminal
liability and be
subjected to an
intervention program,
unless he/she has
acted with
discernment, in which
case, such child shall
be subjected to the
appropriate
proceedings in
accordance with this
Act.
Where the imposable
penalty for the crime
committed exceeds six
(6) years
imprisonment,
diversion measures
may be resorted to
only by the court.
Institutionalization or
detention of the child
pending trial shall be
used only as a
measure of last resort
and for the shortest
possible period of
time.
Whenever detention
is necessary, a child
will always be
detained in youth
detention homes
established by local
governments,
pursuant to Section 8
of the Family Courts
Act, in the city or
municipality where
27
the child resides
17. MALAYSIA The Child Act of
2001 (Act 611)
sets the
standards for
juvenile justice
with regards to
Malaysian law.
(The court
handling child
matters were
known as the
Juvenile Court
but currently,
when the Child
Act 2001 came
into force in
2002, the court
is renamed
‘Court for
Children.’)
Malaysian
Penal Code
stipulates 10 to
be the age of
attainment of
criminal
responsibility
but children
between 10
and below 12
who have not
shown
sufficient
maturity may
be absolved
from criminality
as well.
Evidence Act 1950
provides an additional
protection for boys
below 13 where they
are presumed to be
incapable of
committing the
offence of rape.
Should a child
between 10 and 12 be
charged; he may
invoke ‘infancy’ as a
defence. In
conclusion, children
from 10 to 18 may be
liable for any criminal
charges in the Court
for Children unless the
offence is punishable
with death3
whereupon the trial
will then be
conducted in the High
Court
18. CHINA It has adopted
two
independent
laws: the Law
on the
Protection of
Minors
(adopted at the
21st session of
the Seventh
National
People's
Congress in
September
1991) and the
Law on the
Prevention of
Juvenile Crimes
(adopted at the
10th session of
14 years China holds more than
60 percent of juvenile
offenders in custody
(either prison or
administrative
detention) and places
only 30 percent on
probation.
As of January 2013,
China’s Criminal
Procedure Law
requires record
sealing for juveniles
who have been
sentenced to less than
five years
imprisonment.
“Conditional
nonprosecution,” a
28
the Ninth
National
People's
Congress in
June 1999).
The
revised Criminal
Procedure Law of
the People's
Republic of
China, which
took effect on
January 1, 2013,
has 11 articles
designed to
improve the way
juvenile
offenders are
handled by the
Chinese justice
system.
concept modeled
after “diversion”
practiced in the West,
will allow youth who
commit minor
offenses to avoid jail
time by successfully
completing six to 12
months’ probation.
Although juveniles
who commit
“extremely serious
crimes” can be given
up to life
imprisonment,
maximum terms are
rarely used and are
discouraged by the
national policies of
“combining leniency
and severity” and
“education first,
punishment second.”
In 1997, revisions to
China’s Criminal Law
lowered the maximum
sentence for juveniles
to life imprisonment
from “death with two-
year reprieve.” The
latter is a death
sentence that is
modified to a term of
life imprisonment or
fixed-term
imprisonment of 25
years, both with the
possibility of
reduction, as long as
no deliberate offense
is committed during
the initial two years of
imprisonment.
19. JAPAN Juvenile law
1949 (
Age of criminal
responsibility is
The judge may make
one of the following
29
amended in
2000, 2007,
2008)
14 years or
older.
Treatment of
cases of
delinquent
children under-
14, therefore, is
in accordance
with
educational
and welfare
perspectives.
Children under
fourteen years
old, however,
are handled
primarily by the
child guidance
center, as
provided by the
Child Welfare
Law, when they
have
committed
acts, which, if
committed by a
person aged
fourteen or
over, would
constitute a
crime.
decisions: (1) to
dismiss the case; (2) to
refer the case to the
governor of the
prefecture or the chief
of the child guidance
center; (3) to place
the juvenile under
probation, a support
facility, or a juvenile
training school; and
(4) to refer the case to
the public prosecutor.
The last decision can
be made when the
juvenile is fourteen
years old or over at
the time of the
criminal acts and
when the judge finds
it is appropriate for
the juvenile to be
treated under the
regular criminal
procedure. As a
general rule, when the
juvenile is sixteen
years old or over and
has caused death by
an act done with
criminal intent, the
court refers him or her
to the public
prosecutor. When the
court chooses decision
(3), the juvenile may
file an appeal of the
case to the higher
court.
20. ISRAEL There is no
comprehensive
Children's Code
in Israeli law,
rather
provisions of
particular
Children under
the age of
twelve are not
criminally
liable.
Generally, such
children are put
A suspect must be
released if an
indictment has not
been filed against him
within 75 days of his
arrest; if a trial has not
commenced within 30
30
relevance to
children can be
found
throughout a
number of Laws
and Military
Orders.
in the care of
the child
protection
services, and
their acts are
likely to
constitute
grounds for
determining
that the minor
needs
protection
under the
Youth (Care
and
Supervision)
Law 5720-1960
days of filing the
indictment; and if
sentencing has not
been passed within
nine months. These
periods may be
extended by the
Supreme Court in
special circumstances.
When an indictment
has been filed, the
court must set the
earliest date possible
for commencement of
the trial. In the case of
a defendant who is a
minor, "save with the
consent of the
attorney general, a
minor will not be
brought to trial for an
offense if a year has
passed since its
commission"
21. SAUDI ARABIA The main laws
governing
juvenile justice
are the Juvenile
Justice Act
1975, the
Juvenile Justice
Regulations
1969, the Law
of Criminal
Procedure
2001, the
Detention and
Imprisonment
Act 1978, the
Detention
Regulation and
the Juvenile
Homes’
Regulation
1975, and the
Basic Law of
Governance
The minimum
age for criminal
responsibility
has reportedly
been raised
from 7 to 12,
but reports are
inconsistent
and the rise
does not apply
to girls or in
qisas cases.
There are three types
of offences – qisas
(punished by
retaliation), hadd (for
which the prescribed
penalty is mandatory),
and ta’zir (for which
the punishment is
discretionary).
Corporal punishment
(amputation and
flogging) is lawful as a
sentence for crime,
including for child
offenders.
Flogging is mandatory
for a number of
offences (hadd), and
can be ordered at the
discretion of judges
(ta’zir). Sentences
31
1992. All laws
are based on
Sharia.
( As of August
2012)
range from dozens to
thousands of lashes,
and are usually carried
out in installments, at
intervals ranging from
two weeks to one
month. The Juvenile
Justice Regulations
(1969) encourage
juvenile courts to
settle cases without
placing children in
supervised facilities
and to limit penalties
to admonishment,
guidance, counselling
or a reprimand, but
under the Juvenile
Justice Act (1975)
young persons under
18 may be sentenced
to corporal
punishment, including
flogging, stoning and
amputation.
Under the Law of
Criminal Procedure
(2001), amputation is
carried out pursuant
to a Royal Order
issued by the King or
his representative,
and must be
witnessed by
representatives of the
Administrative
Governor, the Court,
the Bureau of the
Promotion of Virtue
and Prevention of
Vice, and the police.
Saudi Arabia also
reported
the execution of one
juvenile in 2011.
22. UAE The main The minimum The Act allows for a
32
federal laws
governing
juvenile justice
are the Penal
Code 1987,
amended 2005,
the Criminal
Procedure Code
1992, amended
2005, the Law
of Evidence
1992, and the
Juvenile
Delinquents
and Vagrants
Act 1976.
age of criminal
responsibility
under criminal
law is seven.
The Juvenile
Delinquency
and Vagrants
Act defines a
juvenile as a
person under
18 at the time
of the offence
Under Shari’a
law, persons
typically
become liable
for Islamic
punishments at
the onset of
puberty
juvenile who has
reached the age of 16
to be punished under
the Penal Code,
substituting a
sentence of detention
not exceeding 10
years for that of
capital punishment.
Article 9 of juvenile
Delinquents and
Vagrants Act, 1976,
prohibits capital
punishment for a
juvenile delinquent.
There is no provision
for corporal
punishment as a
sentence of the courts
in the Penal Code, the
Juvenile Delinquents
and Vagrants Act or
other criminal law.
However, child
offenders may be
subject to corporal
punishment under
Shari’a law.
Punishments include
flogging, amputation,
and – as retaliation –
injury similar to that
for which the offender
has been convicted of
inflicting on the
victim.
23. AUSTRALIA New South
Wales- Young
Offenders Act
(1997)
Victoria-
Children, Youth
and Families
Act (2005)
Queensland-
In all Australian
jurisdictions
the statutory
minimum age
of criminal
responsibility is
now 10 years.
Between the
ages of 10 and
From 14 to either 17
or 18 years
(depending on
jurisdiction), young
offenders may be held
fully responsible for
their criminal acts but
are subject to a
different range of
33
Juvenile Justice
Act (1992)
Western
Australia-
Young
Offenders Act
(1994)
South
Australia-
Young
Offenders Act
(1993)
Tasmania-
Youth Justice
Act (1997)
Northern
Territory-
Youth Justice
Act (2005)
Australian
Capital
Territory-
Children and
Young People
Act (2008)
14 years, a
further
rebuttable
presumption
(known in
common law as
doli incapax)
operates to
deem a child
between the
ages of 10 and
14 incapable of
committing a
criminal act.
Only if the
prosecution
can rebut this
presumption,
by showing
that the
accused child
was able at the
relevant time
adequately to
distinguish
between right
and wrong, can
a contested
trial result in
conviction.
criminal sanctions
than adults
committing the same
offences.
24. NEW ZEALAND Children,
Young Persons,
and Their
Families Act
1989 (CYPF Act)
Certain sections
of the Act were
most recently
amended in
Dec 2012
Age of criminal
responsibility is
13 years except
for murder/
manslaughter
where the age
limit of 10
applies
New Zealand has
separate justice
processes for under
17 year olds – the
child offending
process for 10 to 13
year olds and the
youth justice process
for 14 to 16 year olds.
The separate systems
are based on the
premise that the
vulnerability of
younger people and
their generally more
immature judgement
means that they ought
34
to be treated
differently from adult
offenders.
Both processes have a
dual focus on
accountability and
rehabilitation.
Youth aged 14 to 16
can be formally
charged and
prosecuted for any
offence. Young people
aged 17 or over are
dealt with in the same
manner as adults.
When a child or young
person faces charges
for murder or
manslaughter the
charge is laid, and the
preliminary hearing
held, in the Youth
Court. If the Youth
Court finds there is
sufficient evidence to
proceed to a full trial,
the matter is
transferred to the
High Court.
In the remaining 16%
of cases, the young
person is arrested and
a charge is laid in the
Youth Court. As
already noted,
diversionary
mechanisms operate
to keep young people
away from the Youth
Court except in cases
of serious or
persistent offending.
This is achieved, in
part, because of the
35
stringent restrictions
on the right of the
police to arrest a
young person. The
CYPF Act strictly limits
arrest and in most
cases a young person
cannot be arrested
unless it is necessary,
and a summons is
considered not
sufficient to:
• prevent further
offending or prevent
the loss or destruction
of evidence or witness
interference;
• ensure appearance
before the Court, for
example in
circumstances where
the young person
refuses
to provide his or her
name and address to
the police
25. BRAZIL Juvenile
delinquency is
covered under
the provisions
of the Statute
of the Child and
Adolescent.
This act was
established in
the Penal Code
of 1940 and has
been revised
several times.
The Minor’s
Code, for
example, had
focused on
removing
delinquent
children from
the streets; it
Children under
the age of
twelve are not
criminally
responsible
Once arrested, a
youth under the age
of eighteen should be
released to a parent
or a responsible adult;
deprivation of liberty
should be limited to
serious cases in which
the youth’s safety or
the public order
requires it. If they are
detained, youths may
be held in police
lockups for no more
than five days, after
which they must be
released or
transferred to a
juvenile detention
center. Youths who
are held in police
36
was replaced in
1990 by the
Child and
Adolescent
Statute, which
placed greater
emphasis on
reinforcing
responsible
behaviour in
children.
lockups must be
placed “in a section
isolated from adults
and with appropriate
installations.
Delinquent youths
may be sentenced to
any of six “socio-
educational
measures”: warning,
reparations,
community service,
probation semi liberty,
and confinement in a
detention center. The
strictest of these
measures, detention
should be imposed
only when individually
warranted, in
exceptional
circumstances, and for
the shortest possible
time. This principle
conforms to the
standard set forth in
the Convention on the
Rights of the Child,
which provides that
arrest, detention, and
imprisonment of a
child “shall be used
only as a measure of
last resort and for the
shortest appropriate
period of time.”
Under Brazilian law,
detention of a youth
may last no more than
three years and may
not extend beyond
the age of twenty-
one. Regardless of
the length of the
sentence, the judge
37
must reevaluate the
decision to detain a
child at least every six
months.
26. PERU As of August
2012 a new
Code for
Children and
Adolescents
has been
drafted by the
Justice
Commission of
Congress and
will be debated
by politicians
soon.
12 years In Peru, the majority
of juvenile offenders
are incarcerated, even
in cases of petty
crime, with close to
68% having sentences
of three years or less.
Suspects between the
ages of 15 and 17 who
are accused of
terrorist acts do not
have access to the
specialized courts,
district attorney
offices, and defence
lawyers that are
available to other
juvenile offenders.
27. ARGENTINA Law no 22.278
In July 2009, a
bill on the legal
regime applying
to persons
under 18 years
of age who are
in conflict with
the law won
general
approval. This
bill, which is in
line with
international
standards in
this area, is
now in the
Chamber of
Deputies.
16 years
At present,
children
between 14
and 16 years
old are subject
to a protective
regime that
considers them
not subject to
criminal
responsibility
but at the same
time deprives
them of any
procedural
rights; as a
result, they are
regularly,
arbitrarily
deprived of
their freedom
The law and average
lengths of detention
are similarly difficult
to establish in
Argentina as there is
no clear limitation on
detention and judges
hold discretionary
power to sentence
children in conflict
with the law to prison
terms, with no need
to specify their length.
The Ministry of Justice
and Human Rights has
instructed security
forces to ensure that
they abide by human
rights standards in
cases where a person
under 18 years of age
is arrested on
38
suspicion of
committing a crime.
As of June 2010, 1,730
children and
adolescents were
being held in custodial
institutions, chiefly in
Buenos Aires, the
Autonomous City of
Buenos Aires and
Córdoba. It has been
provided that children
and adolescents who
have to be held
temporarily should be
lodged in certain
police stations that
have been identified
as being the most
appropriate facilities
for that purpose until
such time as a new
building to provide
temporary lodging can
be constructed.
28. CHILE Law on Juvenile
Criminal
Responsibility
14 years The new Chilean law
entered into force in
2007, was a
progressive first step;
however, it still allows
for harsh sentences to
be applied to children
–Fourteen to 16-year-
olds may be
sentenced to up to a
maximum of five years
in closed or semi-
closed detention
centres, where they
must take part in
social reinsertion
programmes. Over-
16s may be sentenced
to up to 10 years.
However, deprivation
of freedom must
39
always be used only as
a last resort.
Other penalties
provided in the law
include parole,
community service
and making
reparations for
damages caused.
Offenders who need it
will be offered drug
rehabilitation
treatment.
29. BOLIVIA Code on
Children and
Adolescents –
Protection,
Responsibility
and Jurisdiction
Law for
Criminal
Sentencing and
Supervision
12 is the age of
social
responsibility
16 of criminal
responsibility
The application of
Bolivian law is
differentiated into
two age groups: The
first group comprises
adolescents of 12 to
15, whose processing
is governed by the
Code for Children and
Adolescents, and is
headed by the Judges
of Children and
Adolescents.
Criminal acts of young
people from the ages
of 16 to 18 are
governed by the
criminal laws for
adults (Penal Code
and the Criminal
Procedure Code) and
are the responsibility
of judges and courts
for adults.
30. COSTA RICA The Juvenile
Criminal Justice
Act entered
into force
on 30 April
1996 and the
Children’s and
12 Years When considering
measures applicable
to children, the
Juvenile Criminal
Justice Act
further divides them
into two legal
40
Young People’s
Code on 6
February 1998,
both of which
derogate the
former
legislation on
minors.
categories: firstly,
children between 12
and 15 years of age,
and secondly, children
between 16 and
18 years of age
(Article 4)
In Costa Rica there are
2 main organisations
responsible for minors
deprived of liberty.
The National
Programme for the
Attention of the Penal
Juvenile Justice
Population, which
depends on the
Ministry of Justice, is
responsible for the
implementation of the
alternative sanctions.
According to Article
131 of the Juvenile
Criminal Justice Act,
the detention term
may be up to 15 years
when applied to
minors between 15
and 18 years old and
up to 10 years when
applied to minors
between 12 and 15
years old.
Furthermore,
according to Article
139, minors between
12 and 15 years old
shall be kept apart
from minors between
15 and 18 years old.
31. MEXICO Federal Law for
the Treatment
of Juvenile
Offenders
10 years Children between 11
and 18 years of age
are subject to special
courts for juvenile
offenders. Juveniles
41
In 2005, Article
18 of the
Mexican
Constitution 13
was modified
to require each
state to design
and implement
a juvenile
delinquency
system that
operates
separately from
the adult
criminal justice
system.
are assisted by
Guardianship
Councils, which are
responsible for the
care and protection of
juvenile defendants.
Children that are
accused of committing
an infraction must be
treated fairly and
humanely. Ill
treatment, incommuni
cado detention,
psychological coercion
or any other action
impairing the child’s
dignity or physical or
mental integrity
during legal
proceedings are
prohibited.
Minors who are found
responsible of
committing an
infraction may be
subject to a wide
variety of measures,
including:
Counseling
Educational and
vocational training
programs, and
other
rehabilitating
measures.
Warning
Admonition
Prohibition to go
to certain places
Prohibition to
drive motor
vehicles
Placement in
custodial homes
Confinement in
42
educational
institutions
32. EGYPT Chapter Eight
(“The Criminal
Treatment of
Children”) of
Child Law 12 of
1996 and its
implementing
regulations.
Juvenile
offenders
under the age
of 15 are for
the most part
not subject to
punitive
measures from
the state.
Article 112 of Egypt’s
Child Law (Law No. 12
of 1996 Promulgating
the Child Law, as
amended by Law No.
126 of 2008) states
that, “Children may
not be detained,
placed in custody, or
imprisoned with
adults in one place,”
The Egyptian Code of
Military Justice in
article 8 (bis) (1)
allows military
tribunals to try
juveniles if they are
accompanied by an
adult who is subject to
military jurisdiction,
including military
personnel or civilians
in military zones.
Measures for children
“vulnerable to
delinquency” and
children under 15 who
commit crimes range
from a rebuke to
commitment to a
social welfare
institution or
specialized hospital
for up to three years;
The penalty for
children over sixteen
who commit crimes
punishable by death is
a minimum of ten
years imprisonment,
or a minimum of
seven years
imprisonment for
43
crimes punishable by
permanent hard labor.
33. SOUTH AFRICA Child Justice
Act 2008
There are 3
categories of
children and
persons that
the Act applies
to:
1. Children
below 10 years
at the time of
the commission
of the offence –
section 9 sets
out procedures
that apply to
children under
10 years of age
who have
committed a
crime
2. Children
aged 10 years
and older but
younger than
18 years at the
time of
arrest or when
the summons
or written
notice was
served on them
3. Persons who
are 18 years or
older but
under 21 years
of age and who
committed an
offence when
under 18 years
of age –
Prosecutions
will issue
directives on
how this
section is to be
Based on the severity
of the offence, a child
may be placed in a
child and youth care
centre. If a child is 14
or older he / she may
be placed in a
specified prison
Section 29 deals with
detention of a child in
a child and youth care
centre and provides
that any child charged
with any offence can
be detained in these
facilities. In deciding
whether to place the
child in a child and
youth care the
presiding officer, in
terms of section 29(2)
must take the
following factors
into account:
• The age and
maturity of the child;
•The seriousness of
the offence in
question;
• The risk that the
child may be a danger
to himself, herself or
to any other person or
child in the child and
youth care centre;
• The appropriateness
of the level of security
of the child and youth
care centre differs
according to the
seriousness of the
offence allegedly
committed by the
44
applied in
practice.
child.
Section 30 deals with
detention of a child in
prison awaiting trial
and provides in
section 30(1) that a
presiding officer may
only send children to
prison awaiting trial if:
•The child is 14 years
or older and charged
with a Schedule 3
offence. However, in
terms of section
30(5) a presiding
officer can send a
child 14 years or older
charged with a
Schedule 1 or 2
offence
to prison awaiting trial
if, in addition to all the
factors listed in
section 30(1) and
subsection 3, there
are substantial and
compelling reasons to
do so, and these
reasons must be
placed on the record;
The detention is
necessary in the
interests of the
administration of
justice or the safety or
protection
of the public or the
child or another child
in detention;
• There is a likelihood
that the child, if
convicted, could be
sentenced to
imprisonment; and
• An application for
bail has been
postponed or refused
45
or the child has not
complied with bail
conditions once
granted.
Broadly speaking,
Schedule 1 contains
minor offences,
Schedule 2 more
serious offences and
Schedule
3 the most serious
offences. There are
also maximum time
limits for diversion set
out in section 53(5)
which are linked to
both the level of the
diversion option and
the age of offender.
Correctional
supervision
Correctional
supervision in terms
of section 276(1)(h) or
(i) of the Criminal
Procedure Act may be
imposed on a child of
14 years of age or
older.
However, only
correctional
supervision in terms
of section 276(1)(h) of
the Criminal
Procedure Act may be
imposed on a child
younger than 14 years
of age. The reason for
this is that
correctional
supervision in terms
of section 276(1)(i)
involves a period of
imprisonment, and
children under 14
46
years of age cannot
be sentenced to
prison.
Sentence to a child
and youth care centre
In terms of section
69(3), when
considering the
imposition of a
sentence involving
compulsory
residence in a child
and youth care centre,
a child justice court
must consider the
following:
•Whether the offence
is of such a serious
nature that it
indicates that the
child has a tendency
towards harmful
activities;
•Whether the harm
caused by the offence
indicates that a
residential sentence is
appropriate;
• The extent to which
the harm caused by
the offence can be
apportioned to the
culpability of the child
in causing or risking
the harm;
• Whether the child is
in need of a particular
service provided at a
child and youth care
centre;
• The seriousness of
the offence, with
regard to the amount
of harm done or
risked through the
offence and the
47
culpability of the child
in causing or risking
the harm;
•The protection of the
community;
The severity of the
impact of the offence
on the victim;
• The previous failure
of the child to respond
to non-residential
alternatives, if
applicable; and
•The desirability of
keeping the child out
of prison
In terms of section 76,
there are 2 types of
sentences to a child
and youth care centre.
The first involves the
sentencing of a child
to compulsory
residence in a child
and youth care centre
which provides a
programme referred
to in section 191(2)(j)
of the Children’s Act.
A sentence like this
may be imposed for a
period not exceeding
5 years or for a period
which may not exceed
the date on which the
child in question turns
21 years of age,
whichever date is the
earliest.
The second occurs
when a child justice
court that convicts a
child of an offence
referred to in
Schedule 3 and which,
48
if committed by an
adult, would have
justified a term of
imprisonment
exceeding 10 years. In
such cases the court
may, if substantial and
compelling reasons
exist, in addition to a
child and youth care
sentence, sentence
the child to a period of
imprisonment which is
to be served after
completion of the
period of stay in the
child and youth care
centre. After
completion of the
time at the child and
youth care centre, the
child must be brought
before the child
justice court and the
manager of the child
and youth care centre
must submit a report
to the court on the
child’s progress
regarding whether the
objectives of
sentencing have been
achieved and the
possibility of the
child’s reintegration
into society.
49
References
World Organisation against Torture OMCT, Rights of the Child in Costa Rica, 2000
http://www.omct.org/files/2001/11/1155/costaricacceng2000.pdf
Republic of South Africa, Child Justice Act, 2008
http://www.info.gov.za/view/DownloadFileAction?id=108691
European Institute for Crime Prevention and Control, Criminal Justice Systems in Europe and
North America, 2001
http://www.heuni.fi/uploads/fq98onbf0fojy.pdf
Human Rights Watch, Charged With Being Children: Egyptian Police Abuse of Children in
Need of Protection, Vol. 15, No. 1 (E) – February 2003
http://www.hrw.org/reports/pdfs/e/egypt/egypt0203.pdf
UNICEF, Improving the Protection of Children in Conflict with the Law in South Asia: A
Regional Parliamentary Guide on Juvenile Justice, 2007
http://www.ipu.org/PDF/publications/chil_law_en.pdf
Children Rights Alliance, Ireland, Report Card 2013: Is Government Keeping Its Promises to
Children?
http://www.childrensrights.ie/sites/default/files/submissions_reports/files/ReportCard2013
.pdf
UNICEF, Juvenile Justice Systems: Good Practices in Latin America, English Edition 2006
http://www.unicef.org/lac/JUSTICIA_PENALingles.pdf
Chomil Kamal, Directions of Juvenile Justice Reforms in Singapore
http://www.unafei.or.jp/english/pdf/RS_No59/No59_14VE_Kamal.pdf
Mairéad Seymour, Transition and Reform: Juvenile Justice in the Republic of Ireland
http://www.esc-eurocrim.org/files/ch05.pdf
50
Inter‐American Commission on Human Rights, Juvenile Justice and Human rights in the
Americas, July13, 2011
http://www.oas.org/en/iachr/children/docs/pdf/JuvenileJustice.pdf
Global Initiative to End All Corporal Punishment of Children, Saudi Arabia Country Report,
August 2012
http://www.endcorporalpunishment.org/pages/pdfs/states-reports/Saudi%20Arabia.pdf
Gregor Urbas, Australian Institute of Criminology, Trends & issues in crime and criminal
justice: The Age of Criminal Responsibility, No. 181, November 2000
http://www.aic.gov.au/documents/0/0/A/%7B00A92691-0908-47BF-9311-
01AD743F01E1%7Dti181.pdf
Defence for Children International, Geneva, From Legislation to Action? Trends in Juvenile
Justice, Systems across 15 countries , 2007
http://www.defenceforchildren.org/files/DCI-JJ-Report-2007-FINAL-VERSION-with-
cover.pdf
Stephen J. O’ Driscoll, Youth Justice In New Zealand: A Restorative Justice Approach To
Reduce Youth Offending
http://www.unafei.or.jp/english/pdf/RS_No75/No75_10VE_O'Driscoll.pdf
CRIN - Child Rights International Network
http://www.crin.org/
Law library of congress
http://www.loc.gov/law/
International Juvenile Justice Observatory, Legal assistance for children in conflict with the
law
http://www.oijj.org/legal/situation.php?c=4&p=47
Patrick Griffin, Sean Addie, Benjamin Adams and Kathy Firestine, Office of Juvenile Justice
and Delinquency Prevention, U.S Department of Justice, Trying Juveniles as adults: An
Analysis of State Transfer Laws and Reporting
https://www.ncjrs.gov/pdffiles1/ojjdp/232434.pdf

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Juvenile Justice in Different Countries Age of Criminal responsibility and Treatment of Juvenile Offenders

  • 1. 1 Juvenile Justice in Different Countries Age of Criminal responsibility and Treatment of Juvenile Offenders A Compilation by HAQ: Centre for Child Rights In the world, there are three models that inspire administration of juvenile justice The Welfare Model The Justice Model or Control model - Retributive The Restorative Model The age of criminal responsibility and treatment of juveniles thus varies under the different models adopted by various countries. The table below presents some insights from 32 countries. S. NO. COUNTRY NAME OF ACT AGE OF CRIMINAL RESPONSIBILIT Y PUNISHMENT/INCAR CERATION 1. CANADA Youth Criminal Justice Act- 2003 ( Most recent amendment) 12 years The Criminal Code of Canada, section 13, states "No person shall be convicted of an offence in respect of an act or omission on his or her part while that person was under the age of twelve years." The YCJA (Youth Criminal Justice Act) governs the application of criminal and correctional law to those 12 years old or older, but younger than 18 at the time of committing the offence. Youth aged 14 to 17 may be tried and/or sentenced as adults under certain conditions, as described later on in the act. (Sec 61) Though all trials will take place in a youth court under the Youth Criminal Justice Act, for certain offences and in certain circumstances a youth may receive an adult sentence.
  • 2. 2 2. U.S.A Juvenile Justice and Delinquency Prevention Act ( JJDPA-1974) In 2002, the Act was reauthorized The lowest age is six, in North Carolina. Several states have no set standard, and thus rely on the common law age of seven On June 25, 2012, the US Supreme Court ruled unconstitutional the mandatory sentence of life without the possibility of parole (LWOP) for crimes committed by juveniles. The ruling did not specify whether it applied retroactively to those in prisons or to future juvenile felons. The court banned only mandatory life sentences without parole for those under age 18 convicted of murder; it did not completely banish life (with parole) sentences for such convicts. In most States, cases referred to juvenile court that meet certain criteria may be transferred to criminal court upon the authorization of the juvenile court judge. This mechanism is known as "judicial waiver," since the judge is "waiving" the juvenile court's jurisdiction and giving the case over to the criminal system. Judicial Waiver Under judicial waiver laws, the case
  • 3. 3 originates in juvenile court. Under certain circumstances, the juvenile court judge has the authority to waive juvenile court jurisdiction and transfer the case to criminal court. State statutes vary in how much guidance they provide judges on the criteria used in determining if a youth’s case should be transferred. Some states call the process “certification,” “remand,” or “bind over for criminal prosecution.” Others “transfer” or “decline jurisdiction.” Almost all states have judicial waiver provisions which is the most traditional and common transfer and waiver provision. Age of Juvenile Court Jurisdiction These laws determine the age of adulthood for criminal justice purposes. They effectively remove certain age groups from the juvenile court control for all infractions, whether violent or nonviolent, and place them within the adult court jurisdiction. Thirteen states have defined the age of
  • 4. 4 juvenile court jurisdiction as below the generally accepted age of 18 years old. Transfer and Waiver Provisions These laws allow young people to be prosecuted in adult courts if they are accused of committing certain crimes. A variety of mechanisms exist by which a youth can be transferred to adult court. Most states have transfer provisions, but they vary in how much authority they allow judges and prosecutors to exercise. Prosecutorial Waiver These laws grant prosecutors discretion to file cases against young people in either juvenile or adult court. Such provisions are also known as “concur rent jurisdiction,” “prosecutorial discretion,” or “direct file.” Fifteen states have concurrent jurisdiction provisions. Reverse Waiver This is a mechanism to allow youth whose cases are being
  • 5. 5 prosecuted in adult court to be transferred back down to the juvenile court system under certain circumstances. Half of the states have reverse waiver provisions. Statutory or Legislative Exclusion These laws exclude certain youth from juvenile court jurisdiction entirely by requiring particular types of cases to originate in criminal rather than juvenile court. More than half of the states have statutory exclusion laws on the books. Blended Sentencing These laws allow juvenile or adult courts to choose between juvenile and adult correctional sanctions in sentencing certain youth. Courts often will combine a juvenile sentence with a suspended adult sentence, which allows the youth to remain in the juvenile justice system as long as he or she is well- behaved. Half of the states have laws allowing blended
  • 6. 6 sentencing in some cases Certain states have recently changed their state laws and are aiming towards removing juveniles from the criminal justice system. ( As of 2011) Four states (Colorado, Maine, Virginia and Pennsylvania) have passed laws limiting the ability to house youth in adult jails and prisons Three states (Connecticut, Illinois, and Mississippi) have expanded their juvenile court jurisdiction so that older youth who previously would be automatically tried as adults are not prosecuted in adult criminal court Ten states (Arizona, Colorado, Connecticut, Delaware, Illinois, Indiana, Nevada, Utah, Virginia and Washington) have changed their transfer laws making it more likely that youth will stay in the juvenile justice system. Four states (Colorado, Georgia, Texas, and
  • 7. 7 Washington) have all changed their mandatory minimum sentencing laws to take into account the developmental differences between youth and adults 3. ENGLAND & WALES A number of Acts, dating back to 1933, provide for the system of juvenile justice in England and Wales and attempt to ensure that a fair trial and fair treatment is given to children accused of crimes. (Children and Young Persons Act 1933 (as amended by s 16(1) Children and Young Persons Act 1963) The minimum age of criminal responsibility in England and Wales is currently ten years old. Those below this age are considered doli incapax and thus incapable of forming criminal intent. For children to whom preventive methods do not apply, for example, due to the seriousness of the offense, or who have exhausted them, the juvenile justice system then operates in the form of a Youth Court, which hears cases of ten to eighteen year olds. This youth court was established to prevent children and young people from entering into contact or associating with adult suspects during any phase of a trial. Detention and Training Order (DTO) Persons aged between twelve and seventeen: can be given a DTO that lasts for between four months and two years. Half of the time is spent in custody and half in the community. The DTO can be made available by the Home
  • 8. 8 Secretary for the persons between the ages of eleven and twelve when dealing with a persistent offender. The court has a range of different sentences for young offenders; for example, supervision orders that can have a variety of conditions attached to them or an Action Plan Order, an intensive, three month long community-based programme. More serious custodial methods of punishment are detention and training orders. These orders are normally given to children representing a “high level of risk *to the public, have a significant offending history or are persistent offenders and where no other sentence will manage their risks effectively.” They apply for a minimum period of four months to a maximum period of two years, with half of the sentence being served in custody and the remainder in the community supervised by a “youth offending” team.
  • 9. 9 Only those offenders over the age of fifteen may be sentenced to detention in a young offenders’ institution, although this latter restriction does not apply to children aged ten and over convicted of murder For very serious offenses, children are prosecuted in the Crown Court. The Crown Court can sentence children between ten and eighteen years old that have committed an offense that is punishable by fourteen or more years’ imprisonment for adult offenders, children that have committed murder, or certain sexual offenses, may be sentenced for up to the adult maximum for the same offense. The young offenders are not placed in prisons alongside adults, but can be placed in secure training centres, secure children’s homes, or young offenders’ institutions. Murder carries a life sentence. For persons convicted of murder that are under eighteen years of age indefinite detention
  • 10. 10 begins in a social services secure accommodation. The person is then transferred to a young offender institution at eighteen and to prison at twenty one. The Lord Chief Justice sets the length of detention and it is for the Parole Board to determine whether the young person should be released. (See: Section 90 Powers of Criminal Courts (Sentencing) Act 2000, as amended by sections 60 (2)-(3) of the Criminal Justice and Court Services Act 2000) In England and Wales, a person under 21 cannot receive a whole life tariff, the equivalent of an LWOP sentence, because Schedule 21, and 269(4) of the Criminal Justice Act 2003 restricts such sentences to persons aged 21 or older. 4. IRELAND ( Republic of Ireland) Children Act 2001 In October 2006, the age of criminal responsibility was raised from from 7 The juvenile court has been replaced by a new Children’s Court1 under the Children Act (2001). 1 Part 7 of the Children Act (2001) relating to the Children Court has been implemented.
  • 11. 11 years of age to 12 years of age The age of criminal responsibility in Northern Ireland is 10 years old The Children’s Court has the power to deal with both offending and non-offending children up to 18 years of age – this represents a change from the previous legislation where the court had jurisdiction over children under- 17 years only. The Children’s Court has the power to deal summarily with a child charged with most, but not all, indictable offences. The decision to be tried summarily for an indictable offence depends on the age and maturity of the child as well as other relevant factors.2 Excluded indictable offences include those which are required to be tried by the Circuit Criminal Court or manslaughter. In these cases, young people are treated like their adult counterparts in the adversarial system. The court may take mitigating factors such as the child’s age and level of maturity into consideration when determining the nature of any penalty
  • 12. 12 imposed, unless the penalty is fixed by law while the fourth principle posits that the penalty imposed on a child for an offence should be no greater (and may be less) than that which an adult would receive for the same offence. On 1 May 2012, an Order was signed by the Minister to end the practice of sending 16-year-olds to St. Patrick’s Institution ( an adult secure prison) and all newly remanded or sentenced 16-year- olds have since been detained in the children’s detention facilities at Oberstown. The last 16-year-old in St. Patrick’s was released in July 2012. The detention of 17- years-olds in St Patrick’s will continue until the completion of the new facility in 2014 Once complete, the three existing child specific facilities on the Oberstown campus and the new detention units will create one single detention facility. This will accommodate all
  • 13. 13 children on remand or serving a sentence in Ireland, as originally provided for in the Children Act 2001. It is planned that an amendment will be made to the Children Act 2001 to provide a secure legal framework for the operation of the campus as a single integrated facility At present, females aged 16 years and over can be detained in the Dochas Centre which is a facility for adult female prisoners at Mountjoy Prison. For children detained in Children Detention Centres (16-18 year olds) a sentence of detention should not exceed the terms of imprisonment for an adult convicted of the same offence. 5. FRANCE Since the Order of 2nd February 1945, a specific justice system applies to children and adolescents under 18 years of age, namely juvenile justice While the onset of criminal responsibility in France is age 13, children aged 10-12 may be brought before child court judges solely for the In June 2011, French Parliamentarians voted on a new law in the National Assembly introducing a reform of the juvenile justice system. The law provides for the creation of a criminal court with a juvenile judge to adjudicate on recidivist offenders aged 16 to 18
  • 14. 14 purpose of applying security measures, provided that child is at risk Accordingly, it is possible to apply a minimum age excluding serious offenses. Sentencing young person’s at least 13 but not yet 17 happens as an exception; as a rule, “educational security measures” are applied instead years. The law also introduces new procedures for faster prosecution. The law was largely criticised by civil society as it represents a regression of juvenile justice and puts in danger the specificity of the justice system for minors Juvenile assize courts try serious offences committed by minors from 16 to 18 years of age in accordance with the special procedure applicable to minors. These courts comprise three professional judges and a civilian jury. Minors are considered criminally responsible as soon as they are "capable of discernment". Age of discernment is set roughly between the ages of 8 and 10, from which age minors can be sentenced. Penalties are adapted to the age of the offender: From 10 to 13 years of age, educational penalties can be imposed on minors (such as the confiscation of an object, for example). If the minor concerned does not comply with
  • 15. 15 the penalty, he or she may be placed in a household or a specialized centre for juvenile offenders; From 13 to 16 years of age, minors may be criminally sentenced; they can receive a prison sentence, but are liable to only half the sentence prescribed for adults; they cannot be remanded in custody, except if they have committed a serious offence; From 16 to 18 years of age, minors can be remanded in custody and the excuse of minority can be set aside. Because juvenile delinquents are now younger and commit more serious offences, juvenile justice has gradually tended to accelerate procedures and to strengthen educational supervision. A new piece of legislation in France allows children between the ages of 16- 18 who have twice or more re- offended to be sentenced as adults and faced with harsh prison sentences.
  • 16. 16 6. ITALY Italian Penal Code Code of Penal Procedure DPR 448/1988 Article 97 of the Italian Penal Code states that a person who has not yet reached the age of 14 at the moment when he /she commits a crime must not be punished A person who has reached the age of 14 but not 18 at the time of committing a crime and who is” capable of understanding and willing” must be punished but the punishment may be reduced. Between the ages of 14-18 the ability to understand and to form mental intent must be clearly ascertained in each case by the presiding judge Concerning the decisions that the court can impose, the penal code states that the orders and sentences applicable to adults may also be applied to minors with considerable latitude and reductions. If the youth is deemed likely to re offend he/she can be confined to a judicial reformatory 7. NETHERLANDS 1 Children’s Rights Act and Code of Criminal Procedure of the Netherlands 2 Amendment to the Juvenile Criminal Law (1995) Children under the age of 12 cannot be held criminally responsible. Similarly juvenile law can be applied to young people aged In exceptional cases 16 and 17 year olds can be tried according to adult law. The punishment of juveniles with incarceration is generally stipulated for serious crimes, i.e. for crimes that carry a
  • 17. 17 3 Youth Custodial Institutions Act (Sept 2001) 18–20 years who function mentally at a much younger age punishment of over 4 years imprisonment for adults. Young people who have not yet turned 16 at the time of the crime may be sentenced to a maximum of 1 year in prison. For offenders between 16-18 years, maximum sentence is 2 years in prison. When the punishment of incarceration is necessary for more than 6 months, a report must be obtained from a psychologist who is required to meet the child in prison. In the Netherlands there is the (theoretical) possibility of life imprisonment with the possibility for parole, restricted to juveniles at least 16 years in age. 8. GERMANY The Juvenile Welfare Act (JWA) Minimum age of criminal responsibility is 14 years. A juvenile offender older than 14 and less than 18 years of age can be punished, if Only a small part of the convicted juveniles is sent to prison; in 2009, unsuspended youth penalty was imposed on 2,076 convicted minors only. The minimum length of youth imprisonment is six
  • 18. 18 he or she has reached a level of moral and intellectual maturity sufficient to enable him/her to understand the wrongfulness of the act and to conduct himself in accordance with such understanding months, the maximum five years, for 14 -17 year-old juveniles. In cases of very serious crimes for which adults could be punished with more than ten years of imprisonment, the maximum length of youth imprisonment is ten years. In the case of 18-20 year-old young adults sentenced according to the JJA the maximum penalty is ten years, too. The preconditions for youth imprisonment are either the “dangerous tendencies” of the offender that are likely to exclude community sanctions as inappropriate, or the “gravity of guilt” concerning particular, serious crimes (like murder, aggravated robbery etc 9. SWEDEN In Sweden there is a special law (1964:167) concerning juvenile perpetrators. This law deals with persons who have not reached the age of twenty one. It is quite an extensive law that cannot The definition of “young offenders” in Sweden is offenders who have reached the age of 15 but have not yet turned 21. The age of criminal liability is 15 and 21 was previously the year in which one Young offenders can be sentenced to special sanctions for young people, but also to other sanctions. The special sanctions youth care and youth service are based more on the best interests of the child and on the young person’s social situation than on the penal value of the crime. Closed youth
  • 19. 19 be referred to in its entirety came of age. Today the age has been lowered to 18, but special circumstances still apply to offenders aged between 18 and 20. detention is, on the other hand, intended as an alternative to prison in the case of especially serious crimes, and is determined entirely on the basis of the penal value of the offence. 10. BELGIUM Youth Protection Act of 1965 modified May 15th 2006 Law of June 13th 2006 amending the legislation relating to the protection of youth and takes charge of minors who have committed an act qualified as an offence Children aren’t criminal responsible below the age of eighteen. The youth court imposes no punishments like in adult courts, but ‘educational measures’ Besides criminal cases, the youth court is also competent to try cases of children in need of care, and deviant behaviour (i.e. truancy). In practice, it occurs that the police demand juveniles to participate in educational training such as traffic courses or to restore small damages. If the deviant behaviour of a young person reveals a “problematic educational situation”, they can refer him (and his parents) to social support agencies (yet without conditions). While most delinquent minors appear before youth court, the juvenile judge can however, exceptionally decide to refer a juvenile offender aged over 16 to the Public Prosecutor with the intent of prosecuting and sentencing the minor in adult court (‘transfer to adult
  • 20. 20 court’) 11. INDIA Juvenile Justice (Care and Protection of Children) Act, 2000, as amended in 2006 and 2011 Juvenile Justice (Care and Protection of Children) Rules, 2007 Indian Penal Code, 1860 The Indian Penal Code sets the minimum age of criminal responsibility at 7 years under Section 82 (the doli incapax provision) - “Nothing is an offence which is done by a child under seven years of age.” Section 83 of the Code specifies the age within which children are presumed doli incapax unless the prosecution proves otherwise. This section states, “Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that There is no concept of punishment in the Juvenile Justice Act. The law provides for different kinds of orders that may be passed by the Juvenile Justice Board dealing with offences committed by children below the age of 18 years. These include: • Allow the juvenile to go home after advice. • Direct the juvenile to participate in group counselling. • Order the juvenile to perform community service. • Order the parent or the juvenile himself to pay a fine. • Direct to be released on probation of good conduct. • Directing to be sent to a special home subject to a maximum period of three years irrespective of the nature of offence committed. The Board shall obtain & consider the finding of social investigation report (SIR) while making its order.
  • 21. 21 occasion.” No juvenile found guilty of committing an offence can be sentenced to death or life imprisonment. No juvenile found guilty of committing an can be committed to prison in default of payment of fine or in default of furnishing security. A child in conflict with the law can also be treated as a child in need of care and protection in certain cases such as in the case of a child in the 7-12 year age group caught for a petty offence or in the case of a first time offender. In such cases the child will be transferred to the Child Welfare Committee for care, protection and rehabilitation. 12. PAKISTAN Juvenile Justice System Ordinance, 2000 Section 82 of the Pakistan Penal Code sets the age of criminal responsibility for most offences at seven, while Section 83 it is presumed that children between case Where a child under the age of fifteen years is arrested or detained for an offence, which is punishable with imprisonment of less than ten years, shall be treated as if he was accused of commission of a bailable offence. No child under the age of
  • 22. 22 of children between 7 and 12 years of age are doli incapax the prosecution and so the prosecution must prove the child knew their acts were 'seriously wrong’ fifteen years shall be arrested under any of the laws dealing with preventive detention or under the provisions of Chapter VIII of the Code. Provided that where a child of the age of fifteen years or above is arrested, the Court may refuse to grant bail if there are reasonable grounds to believe that such child is involved in an offence which in its opinion is serious, heinous, gruesome, brutal, sensational in character or shocking to public morality or he is a previous convict of an offence punishable with death or imprisonment for life. 13. SRI LANKA The law on juveniles is governed by the Children and Young Peoples Ordinance Minimum age of criminal responsibility is set at eight years. Between eight and twelve years, the judge has discretionary powers to hold a child criminally accountable, or not, based on judge’s judgment on whether the child has attained sufficient maturity of understanding the nature of consequences of his conduct on that occasion. Children above 12 years can be charged with criminal liability regardless of they have attained
  • 23. 23 sufficient maturity to understand the nature and the consequences of their conduct. Children between 14- 16 are considered as young persons. Children between 16 and 18 are treated as adults by the criminal justice system. 14. MALDIVES LAW ON THE PROTECTION OF THE RIGHTS OF CHILDREN Article 9 of this law requires the establishment of a special procedure in cases involving juvenile delinquents A Juvenile Justice Bill is in its draft stages and the JJU has been placed under the Home Ministry Although the Maldives heralded a modern new democratic Constitution in 2008, much of the corresponding legislation aimed at reforming the criminal justice Minimum age of criminal responsibility, is set at 10 years Children between 16 and 18 years are considered as adults in the Maldives. Juvenile offenders are kept either in Dhoonidhoo where criminal detainees and political prisoners are housed, during investigation. The difference between adults and juvenile detainees are that adults are housed in cells while juveniles are kept in tents. Upon sentencing they are transferred to the regular jail for adults or transferred home to house arrest. Corporal punishment is lawful as a sentence for crime and for disciplinary purposes; Regardless of the outcome of the family conferencing or the court decision, schools are forced to expel children in conflict with the law from school as they need to
  • 24. 24 system and the juvenile justice system remains comply with regulations set by the Ministry of Education. In 2009, a “Correctional Training Centre for Children” for at-risk young people was established and offers life skills programmes and vocational training. 15. SINGAPORE Children and Young Persons (Amendment) Act of 2001 is the key legislation governing the administration of juvenile justice in Singapore. Welfare of the juvenile is a guiding principle of this Act. The Act determines the jurisdiction of the Juvenile Court for persons aged 7 to under 16 year olds Pre-Court Diversionary Measures a. Release the juvenile with a warning to both the juvenile and the parents or guardians Discharge the case conditionally or unconditionally; b. Place a bond on the parent/guardian to ensure proper care and supervision of the juvenile; c. Place the juvenile under the care of a “fit person”; d. Place him/her on stand alone community service order; e. Place him/her on stand alone weekend detention; f. Place him/her on probation for a period ranging from 6 month to 3 years with or without conditions (which may include requiring him/her
  • 25. 25 to go for periodic training as a condition of probation) and with or without a condition of residency in a probation hostel for up to 12 months; g. Order the juvenile to be detained for a period not exceeding 3 months and place him/her on probation upon discharge; h. Order him/her to be detained for a period of not more than 6 months; i.Order the juvenile to be committed to an Approved School for juvenile offenders for rehabilitation for a period between 24 to 36 months; j. Require the juvenile and parents to participate in family conferencing; k. Require the parents to go for mandatory counselling Institutionalization of a young offender is considered only as a last resort after all else have failed and when it becomes sufficiently clear that committing a young Offender to an institution is really in his/ her best interest.
  • 26. 26 16. PHILLIPINES "Juvenile Justice and Welfare Act of 2006. With the signing of the Juvenile Justice and Welfare Act 2006 by President Gloria Macapagal- Arroyo, the Philippines introduced a new juvenile justice system A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of this Act. The Juvenile Justice and Welfare Council (JJWC) has opposed a House bill seeking to lower the minimum age of criminal responsibility to over 12 years old. A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act. Where the imposable penalty for the crime committed exceeds six (6) years imprisonment, diversion measures may be resorted to only by the court. Institutionalization or detention of the child pending trial shall be used only as a measure of last resort and for the shortest possible period of time. Whenever detention is necessary, a child will always be detained in youth detention homes established by local governments, pursuant to Section 8 of the Family Courts Act, in the city or municipality where
  • 27. 27 the child resides 17. MALAYSIA The Child Act of 2001 (Act 611) sets the standards for juvenile justice with regards to Malaysian law. (The court handling child matters were known as the Juvenile Court but currently, when the Child Act 2001 came into force in 2002, the court is renamed ‘Court for Children.’) Malaysian Penal Code stipulates 10 to be the age of attainment of criminal responsibility but children between 10 and below 12 who have not shown sufficient maturity may be absolved from criminality as well. Evidence Act 1950 provides an additional protection for boys below 13 where they are presumed to be incapable of committing the offence of rape. Should a child between 10 and 12 be charged; he may invoke ‘infancy’ as a defence. In conclusion, children from 10 to 18 may be liable for any criminal charges in the Court for Children unless the offence is punishable with death3 whereupon the trial will then be conducted in the High Court 18. CHINA It has adopted two independent laws: the Law on the Protection of Minors (adopted at the 21st session of the Seventh National People's Congress in September 1991) and the Law on the Prevention of Juvenile Crimes (adopted at the 10th session of 14 years China holds more than 60 percent of juvenile offenders in custody (either prison or administrative detention) and places only 30 percent on probation. As of January 2013, China’s Criminal Procedure Law requires record sealing for juveniles who have been sentenced to less than five years imprisonment. “Conditional nonprosecution,” a
  • 28. 28 the Ninth National People's Congress in June 1999). The revised Criminal Procedure Law of the People's Republic of China, which took effect on January 1, 2013, has 11 articles designed to improve the way juvenile offenders are handled by the Chinese justice system. concept modeled after “diversion” practiced in the West, will allow youth who commit minor offenses to avoid jail time by successfully completing six to 12 months’ probation. Although juveniles who commit “extremely serious crimes” can be given up to life imprisonment, maximum terms are rarely used and are discouraged by the national policies of “combining leniency and severity” and “education first, punishment second.” In 1997, revisions to China’s Criminal Law lowered the maximum sentence for juveniles to life imprisonment from “death with two- year reprieve.” The latter is a death sentence that is modified to a term of life imprisonment or fixed-term imprisonment of 25 years, both with the possibility of reduction, as long as no deliberate offense is committed during the initial two years of imprisonment. 19. JAPAN Juvenile law 1949 ( Age of criminal responsibility is The judge may make one of the following
  • 29. 29 amended in 2000, 2007, 2008) 14 years or older. Treatment of cases of delinquent children under- 14, therefore, is in accordance with educational and welfare perspectives. Children under fourteen years old, however, are handled primarily by the child guidance center, as provided by the Child Welfare Law, when they have committed acts, which, if committed by a person aged fourteen or over, would constitute a crime. decisions: (1) to dismiss the case; (2) to refer the case to the governor of the prefecture or the chief of the child guidance center; (3) to place the juvenile under probation, a support facility, or a juvenile training school; and (4) to refer the case to the public prosecutor. The last decision can be made when the juvenile is fourteen years old or over at the time of the criminal acts and when the judge finds it is appropriate for the juvenile to be treated under the regular criminal procedure. As a general rule, when the juvenile is sixteen years old or over and has caused death by an act done with criminal intent, the court refers him or her to the public prosecutor. When the court chooses decision (3), the juvenile may file an appeal of the case to the higher court. 20. ISRAEL There is no comprehensive Children's Code in Israeli law, rather provisions of particular Children under the age of twelve are not criminally liable. Generally, such children are put A suspect must be released if an indictment has not been filed against him within 75 days of his arrest; if a trial has not commenced within 30
  • 30. 30 relevance to children can be found throughout a number of Laws and Military Orders. in the care of the child protection services, and their acts are likely to constitute grounds for determining that the minor needs protection under the Youth (Care and Supervision) Law 5720-1960 days of filing the indictment; and if sentencing has not been passed within nine months. These periods may be extended by the Supreme Court in special circumstances. When an indictment has been filed, the court must set the earliest date possible for commencement of the trial. In the case of a defendant who is a minor, "save with the consent of the attorney general, a minor will not be brought to trial for an offense if a year has passed since its commission" 21. SAUDI ARABIA The main laws governing juvenile justice are the Juvenile Justice Act 1975, the Juvenile Justice Regulations 1969, the Law of Criminal Procedure 2001, the Detention and Imprisonment Act 1978, the Detention Regulation and the Juvenile Homes’ Regulation 1975, and the Basic Law of Governance The minimum age for criminal responsibility has reportedly been raised from 7 to 12, but reports are inconsistent and the rise does not apply to girls or in qisas cases. There are three types of offences – qisas (punished by retaliation), hadd (for which the prescribed penalty is mandatory), and ta’zir (for which the punishment is discretionary). Corporal punishment (amputation and flogging) is lawful as a sentence for crime, including for child offenders. Flogging is mandatory for a number of offences (hadd), and can be ordered at the discretion of judges (ta’zir). Sentences
  • 31. 31 1992. All laws are based on Sharia. ( As of August 2012) range from dozens to thousands of lashes, and are usually carried out in installments, at intervals ranging from two weeks to one month. The Juvenile Justice Regulations (1969) encourage juvenile courts to settle cases without placing children in supervised facilities and to limit penalties to admonishment, guidance, counselling or a reprimand, but under the Juvenile Justice Act (1975) young persons under 18 may be sentenced to corporal punishment, including flogging, stoning and amputation. Under the Law of Criminal Procedure (2001), amputation is carried out pursuant to a Royal Order issued by the King or his representative, and must be witnessed by representatives of the Administrative Governor, the Court, the Bureau of the Promotion of Virtue and Prevention of Vice, and the police. Saudi Arabia also reported the execution of one juvenile in 2011. 22. UAE The main The minimum The Act allows for a
  • 32. 32 federal laws governing juvenile justice are the Penal Code 1987, amended 2005, the Criminal Procedure Code 1992, amended 2005, the Law of Evidence 1992, and the Juvenile Delinquents and Vagrants Act 1976. age of criminal responsibility under criminal law is seven. The Juvenile Delinquency and Vagrants Act defines a juvenile as a person under 18 at the time of the offence Under Shari’a law, persons typically become liable for Islamic punishments at the onset of puberty juvenile who has reached the age of 16 to be punished under the Penal Code, substituting a sentence of detention not exceeding 10 years for that of capital punishment. Article 9 of juvenile Delinquents and Vagrants Act, 1976, prohibits capital punishment for a juvenile delinquent. There is no provision for corporal punishment as a sentence of the courts in the Penal Code, the Juvenile Delinquents and Vagrants Act or other criminal law. However, child offenders may be subject to corporal punishment under Shari’a law. Punishments include flogging, amputation, and – as retaliation – injury similar to that for which the offender has been convicted of inflicting on the victim. 23. AUSTRALIA New South Wales- Young Offenders Act (1997) Victoria- Children, Youth and Families Act (2005) Queensland- In all Australian jurisdictions the statutory minimum age of criminal responsibility is now 10 years. Between the ages of 10 and From 14 to either 17 or 18 years (depending on jurisdiction), young offenders may be held fully responsible for their criminal acts but are subject to a different range of
  • 33. 33 Juvenile Justice Act (1992) Western Australia- Young Offenders Act (1994) South Australia- Young Offenders Act (1993) Tasmania- Youth Justice Act (1997) Northern Territory- Youth Justice Act (2005) Australian Capital Territory- Children and Young People Act (2008) 14 years, a further rebuttable presumption (known in common law as doli incapax) operates to deem a child between the ages of 10 and 14 incapable of committing a criminal act. Only if the prosecution can rebut this presumption, by showing that the accused child was able at the relevant time adequately to distinguish between right and wrong, can a contested trial result in conviction. criminal sanctions than adults committing the same offences. 24. NEW ZEALAND Children, Young Persons, and Their Families Act 1989 (CYPF Act) Certain sections of the Act were most recently amended in Dec 2012 Age of criminal responsibility is 13 years except for murder/ manslaughter where the age limit of 10 applies New Zealand has separate justice processes for under 17 year olds – the child offending process for 10 to 13 year olds and the youth justice process for 14 to 16 year olds. The separate systems are based on the premise that the vulnerability of younger people and their generally more immature judgement means that they ought
  • 34. 34 to be treated differently from adult offenders. Both processes have a dual focus on accountability and rehabilitation. Youth aged 14 to 16 can be formally charged and prosecuted for any offence. Young people aged 17 or over are dealt with in the same manner as adults. When a child or young person faces charges for murder or manslaughter the charge is laid, and the preliminary hearing held, in the Youth Court. If the Youth Court finds there is sufficient evidence to proceed to a full trial, the matter is transferred to the High Court. In the remaining 16% of cases, the young person is arrested and a charge is laid in the Youth Court. As already noted, diversionary mechanisms operate to keep young people away from the Youth Court except in cases of serious or persistent offending. This is achieved, in part, because of the
  • 35. 35 stringent restrictions on the right of the police to arrest a young person. The CYPF Act strictly limits arrest and in most cases a young person cannot be arrested unless it is necessary, and a summons is considered not sufficient to: • prevent further offending or prevent the loss or destruction of evidence or witness interference; • ensure appearance before the Court, for example in circumstances where the young person refuses to provide his or her name and address to the police 25. BRAZIL Juvenile delinquency is covered under the provisions of the Statute of the Child and Adolescent. This act was established in the Penal Code of 1940 and has been revised several times. The Minor’s Code, for example, had focused on removing delinquent children from the streets; it Children under the age of twelve are not criminally responsible Once arrested, a youth under the age of eighteen should be released to a parent or a responsible adult; deprivation of liberty should be limited to serious cases in which the youth’s safety or the public order requires it. If they are detained, youths may be held in police lockups for no more than five days, after which they must be released or transferred to a juvenile detention center. Youths who are held in police
  • 36. 36 was replaced in 1990 by the Child and Adolescent Statute, which placed greater emphasis on reinforcing responsible behaviour in children. lockups must be placed “in a section isolated from adults and with appropriate installations. Delinquent youths may be sentenced to any of six “socio- educational measures”: warning, reparations, community service, probation semi liberty, and confinement in a detention center. The strictest of these measures, detention should be imposed only when individually warranted, in exceptional circumstances, and for the shortest possible time. This principle conforms to the standard set forth in the Convention on the Rights of the Child, which provides that arrest, detention, and imprisonment of a child “shall be used only as a measure of last resort and for the shortest appropriate period of time.” Under Brazilian law, detention of a youth may last no more than three years and may not extend beyond the age of twenty- one. Regardless of the length of the sentence, the judge
  • 37. 37 must reevaluate the decision to detain a child at least every six months. 26. PERU As of August 2012 a new Code for Children and Adolescents has been drafted by the Justice Commission of Congress and will be debated by politicians soon. 12 years In Peru, the majority of juvenile offenders are incarcerated, even in cases of petty crime, with close to 68% having sentences of three years or less. Suspects between the ages of 15 and 17 who are accused of terrorist acts do not have access to the specialized courts, district attorney offices, and defence lawyers that are available to other juvenile offenders. 27. ARGENTINA Law no 22.278 In July 2009, a bill on the legal regime applying to persons under 18 years of age who are in conflict with the law won general approval. This bill, which is in line with international standards in this area, is now in the Chamber of Deputies. 16 years At present, children between 14 and 16 years old are subject to a protective regime that considers them not subject to criminal responsibility but at the same time deprives them of any procedural rights; as a result, they are regularly, arbitrarily deprived of their freedom The law and average lengths of detention are similarly difficult to establish in Argentina as there is no clear limitation on detention and judges hold discretionary power to sentence children in conflict with the law to prison terms, with no need to specify their length. The Ministry of Justice and Human Rights has instructed security forces to ensure that they abide by human rights standards in cases where a person under 18 years of age is arrested on
  • 38. 38 suspicion of committing a crime. As of June 2010, 1,730 children and adolescents were being held in custodial institutions, chiefly in Buenos Aires, the Autonomous City of Buenos Aires and Córdoba. It has been provided that children and adolescents who have to be held temporarily should be lodged in certain police stations that have been identified as being the most appropriate facilities for that purpose until such time as a new building to provide temporary lodging can be constructed. 28. CHILE Law on Juvenile Criminal Responsibility 14 years The new Chilean law entered into force in 2007, was a progressive first step; however, it still allows for harsh sentences to be applied to children –Fourteen to 16-year- olds may be sentenced to up to a maximum of five years in closed or semi- closed detention centres, where they must take part in social reinsertion programmes. Over- 16s may be sentenced to up to 10 years. However, deprivation of freedom must
  • 39. 39 always be used only as a last resort. Other penalties provided in the law include parole, community service and making reparations for damages caused. Offenders who need it will be offered drug rehabilitation treatment. 29. BOLIVIA Code on Children and Adolescents – Protection, Responsibility and Jurisdiction Law for Criminal Sentencing and Supervision 12 is the age of social responsibility 16 of criminal responsibility The application of Bolivian law is differentiated into two age groups: The first group comprises adolescents of 12 to 15, whose processing is governed by the Code for Children and Adolescents, and is headed by the Judges of Children and Adolescents. Criminal acts of young people from the ages of 16 to 18 are governed by the criminal laws for adults (Penal Code and the Criminal Procedure Code) and are the responsibility of judges and courts for adults. 30. COSTA RICA The Juvenile Criminal Justice Act entered into force on 30 April 1996 and the Children’s and 12 Years When considering measures applicable to children, the Juvenile Criminal Justice Act further divides them into two legal
  • 40. 40 Young People’s Code on 6 February 1998, both of which derogate the former legislation on minors. categories: firstly, children between 12 and 15 years of age, and secondly, children between 16 and 18 years of age (Article 4) In Costa Rica there are 2 main organisations responsible for minors deprived of liberty. The National Programme for the Attention of the Penal Juvenile Justice Population, which depends on the Ministry of Justice, is responsible for the implementation of the alternative sanctions. According to Article 131 of the Juvenile Criminal Justice Act, the detention term may be up to 15 years when applied to minors between 15 and 18 years old and up to 10 years when applied to minors between 12 and 15 years old. Furthermore, according to Article 139, minors between 12 and 15 years old shall be kept apart from minors between 15 and 18 years old. 31. MEXICO Federal Law for the Treatment of Juvenile Offenders 10 years Children between 11 and 18 years of age are subject to special courts for juvenile offenders. Juveniles
  • 41. 41 In 2005, Article 18 of the Mexican Constitution 13 was modified to require each state to design and implement a juvenile delinquency system that operates separately from the adult criminal justice system. are assisted by Guardianship Councils, which are responsible for the care and protection of juvenile defendants. Children that are accused of committing an infraction must be treated fairly and humanely. Ill treatment, incommuni cado detention, psychological coercion or any other action impairing the child’s dignity or physical or mental integrity during legal proceedings are prohibited. Minors who are found responsible of committing an infraction may be subject to a wide variety of measures, including: Counseling Educational and vocational training programs, and other rehabilitating measures. Warning Admonition Prohibition to go to certain places Prohibition to drive motor vehicles Placement in custodial homes Confinement in
  • 42. 42 educational institutions 32. EGYPT Chapter Eight (“The Criminal Treatment of Children”) of Child Law 12 of 1996 and its implementing regulations. Juvenile offenders under the age of 15 are for the most part not subject to punitive measures from the state. Article 112 of Egypt’s Child Law (Law No. 12 of 1996 Promulgating the Child Law, as amended by Law No. 126 of 2008) states that, “Children may not be detained, placed in custody, or imprisoned with adults in one place,” The Egyptian Code of Military Justice in article 8 (bis) (1) allows military tribunals to try juveniles if they are accompanied by an adult who is subject to military jurisdiction, including military personnel or civilians in military zones. Measures for children “vulnerable to delinquency” and children under 15 who commit crimes range from a rebuke to commitment to a social welfare institution or specialized hospital for up to three years; The penalty for children over sixteen who commit crimes punishable by death is a minimum of ten years imprisonment, or a minimum of seven years imprisonment for
  • 43. 43 crimes punishable by permanent hard labor. 33. SOUTH AFRICA Child Justice Act 2008 There are 3 categories of children and persons that the Act applies to: 1. Children below 10 years at the time of the commission of the offence – section 9 sets out procedures that apply to children under 10 years of age who have committed a crime 2. Children aged 10 years and older but younger than 18 years at the time of arrest or when the summons or written notice was served on them 3. Persons who are 18 years or older but under 21 years of age and who committed an offence when under 18 years of age – Prosecutions will issue directives on how this section is to be Based on the severity of the offence, a child may be placed in a child and youth care centre. If a child is 14 or older he / she may be placed in a specified prison Section 29 deals with detention of a child in a child and youth care centre and provides that any child charged with any offence can be detained in these facilities. In deciding whether to place the child in a child and youth care the presiding officer, in terms of section 29(2) must take the following factors into account: • The age and maturity of the child; •The seriousness of the offence in question; • The risk that the child may be a danger to himself, herself or to any other person or child in the child and youth care centre; • The appropriateness of the level of security of the child and youth care centre differs according to the seriousness of the offence allegedly committed by the
  • 44. 44 applied in practice. child. Section 30 deals with detention of a child in prison awaiting trial and provides in section 30(1) that a presiding officer may only send children to prison awaiting trial if: •The child is 14 years or older and charged with a Schedule 3 offence. However, in terms of section 30(5) a presiding officer can send a child 14 years or older charged with a Schedule 1 or 2 offence to prison awaiting trial if, in addition to all the factors listed in section 30(1) and subsection 3, there are substantial and compelling reasons to do so, and these reasons must be placed on the record; The detention is necessary in the interests of the administration of justice or the safety or protection of the public or the child or another child in detention; • There is a likelihood that the child, if convicted, could be sentenced to imprisonment; and • An application for bail has been postponed or refused
  • 45. 45 or the child has not complied with bail conditions once granted. Broadly speaking, Schedule 1 contains minor offences, Schedule 2 more serious offences and Schedule 3 the most serious offences. There are also maximum time limits for diversion set out in section 53(5) which are linked to both the level of the diversion option and the age of offender. Correctional supervision Correctional supervision in terms of section 276(1)(h) or (i) of the Criminal Procedure Act may be imposed on a child of 14 years of age or older. However, only correctional supervision in terms of section 276(1)(h) of the Criminal Procedure Act may be imposed on a child younger than 14 years of age. The reason for this is that correctional supervision in terms of section 276(1)(i) involves a period of imprisonment, and children under 14
  • 46. 46 years of age cannot be sentenced to prison. Sentence to a child and youth care centre In terms of section 69(3), when considering the imposition of a sentence involving compulsory residence in a child and youth care centre, a child justice court must consider the following: •Whether the offence is of such a serious nature that it indicates that the child has a tendency towards harmful activities; •Whether the harm caused by the offence indicates that a residential sentence is appropriate; • The extent to which the harm caused by the offence can be apportioned to the culpability of the child in causing or risking the harm; • Whether the child is in need of a particular service provided at a child and youth care centre; • The seriousness of the offence, with regard to the amount of harm done or risked through the offence and the
  • 47. 47 culpability of the child in causing or risking the harm; •The protection of the community; The severity of the impact of the offence on the victim; • The previous failure of the child to respond to non-residential alternatives, if applicable; and •The desirability of keeping the child out of prison In terms of section 76, there are 2 types of sentences to a child and youth care centre. The first involves the sentencing of a child to compulsory residence in a child and youth care centre which provides a programme referred to in section 191(2)(j) of the Children’s Act. A sentence like this may be imposed for a period not exceeding 5 years or for a period which may not exceed the date on which the child in question turns 21 years of age, whichever date is the earliest. The second occurs when a child justice court that convicts a child of an offence referred to in Schedule 3 and which,
  • 48. 48 if committed by an adult, would have justified a term of imprisonment exceeding 10 years. In such cases the court may, if substantial and compelling reasons exist, in addition to a child and youth care sentence, sentence the child to a period of imprisonment which is to be served after completion of the period of stay in the child and youth care centre. After completion of the time at the child and youth care centre, the child must be brought before the child justice court and the manager of the child and youth care centre must submit a report to the court on the child’s progress regarding whether the objectives of sentencing have been achieved and the possibility of the child’s reintegration into society.
  • 49. 49 References World Organisation against Torture OMCT, Rights of the Child in Costa Rica, 2000 http://www.omct.org/files/2001/11/1155/costaricacceng2000.pdf Republic of South Africa, Child Justice Act, 2008 http://www.info.gov.za/view/DownloadFileAction?id=108691 European Institute for Crime Prevention and Control, Criminal Justice Systems in Europe and North America, 2001 http://www.heuni.fi/uploads/fq98onbf0fojy.pdf Human Rights Watch, Charged With Being Children: Egyptian Police Abuse of Children in Need of Protection, Vol. 15, No. 1 (E) – February 2003 http://www.hrw.org/reports/pdfs/e/egypt/egypt0203.pdf UNICEF, Improving the Protection of Children in Conflict with the Law in South Asia: A Regional Parliamentary Guide on Juvenile Justice, 2007 http://www.ipu.org/PDF/publications/chil_law_en.pdf Children Rights Alliance, Ireland, Report Card 2013: Is Government Keeping Its Promises to Children? http://www.childrensrights.ie/sites/default/files/submissions_reports/files/ReportCard2013 .pdf UNICEF, Juvenile Justice Systems: Good Practices in Latin America, English Edition 2006 http://www.unicef.org/lac/JUSTICIA_PENALingles.pdf Chomil Kamal, Directions of Juvenile Justice Reforms in Singapore http://www.unafei.or.jp/english/pdf/RS_No59/No59_14VE_Kamal.pdf Mairéad Seymour, Transition and Reform: Juvenile Justice in the Republic of Ireland http://www.esc-eurocrim.org/files/ch05.pdf
  • 50. 50 Inter‐American Commission on Human Rights, Juvenile Justice and Human rights in the Americas, July13, 2011 http://www.oas.org/en/iachr/children/docs/pdf/JuvenileJustice.pdf Global Initiative to End All Corporal Punishment of Children, Saudi Arabia Country Report, August 2012 http://www.endcorporalpunishment.org/pages/pdfs/states-reports/Saudi%20Arabia.pdf Gregor Urbas, Australian Institute of Criminology, Trends & issues in crime and criminal justice: The Age of Criminal Responsibility, No. 181, November 2000 http://www.aic.gov.au/documents/0/0/A/%7B00A92691-0908-47BF-9311- 01AD743F01E1%7Dti181.pdf Defence for Children International, Geneva, From Legislation to Action? Trends in Juvenile Justice, Systems across 15 countries , 2007 http://www.defenceforchildren.org/files/DCI-JJ-Report-2007-FINAL-VERSION-with- cover.pdf Stephen J. O’ Driscoll, Youth Justice In New Zealand: A Restorative Justice Approach To Reduce Youth Offending http://www.unafei.or.jp/english/pdf/RS_No75/No75_10VE_O'Driscoll.pdf CRIN - Child Rights International Network http://www.crin.org/ Law library of congress http://www.loc.gov/law/ International Juvenile Justice Observatory, Legal assistance for children in conflict with the law http://www.oijj.org/legal/situation.php?c=4&p=47 Patrick Griffin, Sean Addie, Benjamin Adams and Kathy Firestine, Office of Juvenile Justice and Delinquency Prevention, U.S Department of Justice, Trying Juveniles as adults: An Analysis of State Transfer Laws and Reporting https://www.ncjrs.gov/pdffiles1/ojjdp/232434.pdf