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L. PAPIASHVILI, SOME ISSUES OF JUVENILE JUSTICE
ization to meet human rights standards. Once
a child is suspected of a crime he/she will find
himself inexorably drawn into the criminal justice
system. Once arrested, the police have
no discretion to discontinue their investigation
and divert the child out of the criminal system
and neither does the prosecutor. There is far
too great a use of pretrial detention and too
few options of non-custodial sentencing available
to the courts. The detention facilities presently
used for juveniles violate children’s
rights. In addition there is no juvenile police
juvenile courts and etc.
It is necessary to introduce early intervention
programmes for children at risk of offending,
diversion programmes for those who have
offended the development of a child friendly
justice system and alternative, community
based sentences for children who offend.
Children should no longer be placed in
police isolators. The small number of children
arrested for serious offences of violence or
for persistent property theft should be placed
in secure accommodation. All other children
should be released under the supervision of
their parents or the children’s home in which
they live.
A range of community based services
should be developed nationally, including:
• preventive services for children at risk of
anti-social behaviour or offending
• a range of pre-trial diversion programmes
• a range of alternatives to custodial sentencing
and pre-trial detention, including
fostering, supervision.
These programmes should be developed
and funded as a matter of urgency and should
be made available country wide and for every
child who could benefit.
1
The Howard League for Penal Reform, (1997), The Use of Imprisonment for
girls, Fachtsheet No. 16.
2
Vienna Declaration and Programme of Action (Part 1, para. 21) adopted by the
World Conference on Human Rights, Vienna, 25 June 1993, (A/CONF. 157/24
(Part 1, chp.111).
3
Presumption of innocence; the right to be notified of the charges; the right to
remain silent; the right to counsel; the right to the presence of parent or guardian;
the right to confront and cross-examine witnesses; the right to appeal to a higher
authority, the protection of privacy.
4
Example Art. 5; Art. 6.1; Art. 8.1; Art. 8.2; Art. 2 of the first additional protocol .
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