Juvenile Justice Commencement Order yet to be issued

Sep 23, 2018 News

Five months have passed since the Juvenile Justice Bill was read and passed in parliament; however, it has not yet enacted. The Juvenile Justice Bill aims to eradicate the criminality of loitering and truancy among young persons under the age of eighteen.
It is expected that with the commencement of this Act- a significant change will be seen in the way child offenders are treated by law enforcement. Juveniles will not be tried as adults; they will be given special protection as well as a means of rehabilitation.
Minister of Public Security, Khemraj Ramjattan, introduced the Bill into parliament on March 15, 2018, with a sense of great urgency for Guyana’s younger demographic. He later succeeded in his efforts to pass the Bill in April 2018.
Nevertheless, a commencement order has not been issued. The clause of the preliminary section of the Bill explicitly states, “The Act shall come into operation on the day the Minister may by order appoint.”
Minister Ramjattan tabled the Bill, so he is the responsible Minister and in order for this Act to be brought into action, the said minister needs to give his assent.
However, when asked about the reason for him not issuing the commencement order for the Act, Ramjattan claimed that there was a need for costing of rehabilitation facilities as well as consultations in order for him to move forward.
The Act requires the juvenile justice system to hold the child’s well-being as paramount whenever making decisions as well as to provide means of rehabilitation, reintegration and education for juveniles.
The Act sees the involvement of parents in the cases of juveniles as pertinent for the advancement of a better society. Akin to this, the juvenile justice bill seeks to hold juveniles accountable for their actions by measures that reemphasize respect for societal values.
The criminal capacity of the bill presumes that no child under the age of fourteen be deemed capable or guilty of committing an offence. Consequently, the attorney representing the child will request that an evaluation be done, assessing the child’s social, emotional and cognitive development.
The act will repeal the 1931 Juvenile Offenders Act and the Training School Act.

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