Third and Fourth Periodic Report on CRC - Unicef

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<strong>Third</strong> <strong>and</strong> <strong>Fourth</strong> <strong>Periodic</strong> <strong>Report</strong> (2) In every police station at least one officer with aptitude <strong>and</strong> appropriate training <strong>and</strong> orientation may be designated as the 'juvenile or the child welfare officer' who will h<strong>and</strong>le the juvenile or the child in coordination with the police. (3) Special juvenile police unit, of which all police officers designated as above, to h<strong>and</strong>le juveniles or children will be members, may be created in every district <strong>and</strong> city to co-ordinate <strong>and</strong> to upgrade the police treatment of the juveniles <strong>and</strong> the children." It may not be out of place to mention that in Engl<strong>and</strong> the Juvenile Court has lost its original name <strong>and</strong> character, inasmuch as it is now called the "Youth Court" <strong>and</strong> deals exclusively with juvenile offenders, i.e. delinquent children, <strong>and</strong> does not deal with neglected children <strong>and</strong> their care <strong>and</strong> custody matters. Many commentators are of the view that the policies followed by the United Kingdom in respect of children, including the abolition of the presumption in favour of 10-14 year olds under common law, mentioned above, are in breach of the United Kingdom’s treaty obligations under the UNCRC. [See "Youth Justice? Half a Century of Responses to Youth Offending" by Caroline Ball, a law professor at University of East Anglia, published in Oct 2004 in the 50th anniversary edition of the Criminal Law Review, 2004 Criminal Law Review at p.36] On the other h<strong>and</strong> Scotl<strong>and</strong> has a different outlook to its dealings with children. We may quote from an article published on the internet by the BBC, which reads as follows: "Scotl<strong>and</strong> has an unique way of dealing with children who commit offences. They are not treated as criminals to be punished, but as young people with problems who can be helped to overcome these. Their whole family is involved. They all have to go to a meeting with a group of three people, known as a Panel. These are specially trained lay men <strong>and</strong> women who volunteer to carry out this work. They are helped by a legally qualified official called the <strong>Report</strong>er whose office manages the caseload <strong>and</strong> who advises Panel members where a point of law is considered. The Panel <strong>and</strong> family discuss not just the offending behaviour, but also the circumstances of the family as a whole - are the parents have (sic.) difficulties coping with their children, are there problems at school, etc. Other people can also be involved, such as teachers, social workers <strong>and</strong> the police. After hearing all of the circumstances of the case, the panel can then decide what help to put in place to support the family. In extreme cases where the child's behaviour has been violent, that can include taking the boy or girl out of the home <strong>and</strong> sending them to a secure unit run by a local authority. The theory behind the Children's Hearings system is that criminal behaviour can be nipped in the bud if dealt with at an early enough stage. It's well recognised that all children go through a rebellious phase in their teens. Many commit minor crimes, such as shoplifting or petty theft, <strong>and</strong> there is a continuing problem in some areas with truancy. However, families can also find themselves in front of a Panel for other reasons. A parent could have a drink or drugs problem, there may be physical or sexual abuse in the home, or the child could be affected by bullying at school, either as victim or assailant. Panel members are trained to investigate the family <strong>and</strong> confront the child with the consequences of his or her behaviour. Unlike a juvenile court where only the facts of a case are judged, where guilt or innocence are determined <strong>and</strong> punishment meted out, the Hearings will look at the case in the longer term. They will bring the family back several times to look at how their circumstances are changing <strong>and</strong> whether the behaviour of the young person has improved. It means that the family feels that it is constantly under observation, that it's being challenged to change. In the majority of cases, the system works. It works in part because the young people would have grown out of their "criminal" phase in any case - it simply accelerates the process. It also works because it does not burden either the child or its family with a criminal record. It has no longer-term consequences that might stop someone from getting a job or going on into higher education. When the Children's Hearings system was created, the aim was to clear away the legal formality <strong>and</strong> make everything as child friendly as possible." The Youth Courts set-up after the Criminal Justice Act 1991 in Engl<strong>and</strong> have similar provision relating to persons who will hear cases brought against juveniles. 158
Convention on the Rights of the Child "The magistrates are drawn from a youth court panel, which is appointed by the justices in the surrounding area each year. Each of these panels elects a chairperson <strong>and</strong> deputy chairperson, <strong>and</strong> one o fthese must preside over each youth court. All magistrates sitting in the youth court are specially trained to deal with youth cases. They would also generally have experience of working with children, as a youth worker or teacher, <strong>and</strong> should have some level of underst<strong>and</strong>ing of the way of life of the children who are appearing before the court. As would be expected, the proceedings are a lot less formal than in other courts, <strong>and</strong> the parents or guardian are required to attend." [taken from an article published by the BBC on the internet] We share the view that children need the care <strong>and</strong> attention for their specific needs in their peculiar circumstances. Thus it is all the more necessary to have specifically trained <strong>and</strong> sensitized personnel to deal with them. Finally we may comment upon the nomenclature of the ‘court’ dealing with juveniles/children. In Engl<strong>and</strong> the "Juvenile Court" is now called the "Youth Court". Most countries still retain the title "Juvenile Court". In India the task of dealing with juveniles in conflict with the law is entrusted upon the "Juvenile Justice Board". In Scotl<strong>and</strong> it is a "Panel" who conducts the "Children’s Hearings". It matters little by what name the "justice-provider" is called. However, in view of the fact that our Children Act deals with children who are destitute, neglected <strong>and</strong> vulnerable to cruelty <strong>and</strong> abuse as well as delinquent children, <strong>and</strong> therefore, is concerned with children of every age, we would suggest a more neutral term, such as "Children’s Justice Panel" or "Children’s Justice Board" in order to encompass the non-delinquent children whom the Act also seeks to protect. CONCLUSION: OUR PERCEPTION OF WHAT THE LAW DOES/OUGHT TO PROVIDE IN RELATION TO DELINQUENT CHILDREN: 1. As soon as a child is apprehended for an alleged offence he must be taken before a Magistrate, <strong>and</strong> at all times kept separate <strong>and</strong> detached from any adult offender. Under no circumstances is the child to be kept in police lock-up. 2. The Magistrate must take immediate steps to ascertain the age of the child in accordance with section 66 of the Act, <strong>and</strong> procedures laid down in the Act are to be followed. 3. Parents/guardians of the child must be informed. 4. The child should be considered for release to the custody of his parents/guardian pending any inquiry regarding the allegation. 5. If his detention is felt absolutely necessary then he must be kept in a ‘special home’ or ‘observation home’ established for the purpose, pending decision on the allegation against him. The ‘special homes’ must be separate <strong>and</strong> distinct from the ‘approved homes’ where children in conflict with the law are placed after they are found to have been in breach of the law. 6. If it is established that she/he is a child then the matter must be adjudicated upon by a "Children’s Justice Board/Panel" <strong>and</strong> the proceedings must be concluded expeditiously. 7. The child must be given opportunity to be legally represented <strong>and</strong> afforded legal aid for the purpose. 8. In deciding the case finally, the "Board/Panel" must take into account the child’s background <strong>and</strong> other family/community circumstances, including any report of a Probation Officer or Social Worker. 9. If it is decided that confinement is necessary, then it must be in accordance with the Children Act <strong>and</strong> in an approved home <strong>and</strong> at any cost NOT IN PRISON (emphasis added) 10. The approved homes must be equipped to provide the necessary educational <strong>and</strong> vocational training facilities <strong>and</strong> always with the view to the rehabilitation of the child in the community. 159
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Third and Fourth Periodic Report on CRC - Unicef

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