First Children’s Court commissioned

Nov 01, 2018 News

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With the recent passing of the Juvenile Justice Act, the first Children’s Court was yesterday commissioned in the Georgetown Magistrates’ Courts.
Delivering the feature address at the ceremony was Minister of Public Security Khemraj Ramjattan.
The Minister noted that the journey to having a Children’s Court was in the pipeline since 2004 when the then-PPP Government had tabled its first report to the Committee on the Rights of the Child.
Following that, the committee then made a number of recommendations urging that these be implemented as early as possible. He added that some of the implementation included raising the age of criminal responsibility from 10 years; and ensuring that those below the age of majority not be tried as adults but be given adequate special protection. He said that the law will provide children below 18 with free legal advice.
“What we wanted, we have certainly gotten and with the new children’s court, we are on our way,” Ramjattan said.
The Minister went on to tell the gathering that in this day and age, one has to provide a humane alternative to the tense formal court setting, and remands and incarceration for young law breakers.
This, he added, “will certainly assist in helping youths to avoid falling deeper into the life of crime and helping our country from becoming what I regularly call a ‘Jail House Nation’.” The Minister went on to say that diverting juveniles from the formal court procedure will be an asset when it comes to dealing with delinquents.
Some of those procedures put in place to restore and deal with juveniles that commit offences can range from apology to compulsory attendance, to some vocabulary educational centre; or compensation to the victim in an amount to which the juveniles’ family can afford.
The Minister stressed that the Director of Public Prosecutions (DPP), the Prosecutors and the Police officers can consider warnings and referrals to avoid juveniles from going to court, which, according to him, is not a nice place.
He added that the DPP must conduct pre-charge screening before a juvenile is charged and placed before the courts.
“We want to get away from charging juveniles, but if that cannot work, the DPP must ensure that pre-screening be conducted.”
He went on to say that the DPP must give written consent to any private individual who wishes to institute charges against a juvenile.
“No child or juvenile should be sentenced to imprisonment. Sentencing serves the purpose of holding a juvenile accountable for the offence. We are trying as best as possible to ensure rehabilitation, eradication and reintegration into society. So before ordering a custodial sentence, the court must review pre-sentencing reports that must be prepared by the Chief Probation Officer,” the Minister added.
Also at the ceremony was Attorney General Basil Williams, who in his remarks told the gathering that the State has a special responsibility to its children.
“Children are among the most vulnerable members of society,” he said. He added that there is no better way for a nation to demonstrate its respect for human dignity than by making appropriate provisions for the protection of its children and for securing their best interests.
“The establishment of this Children’s Court manifests the importance which the Cooperative Republic of Guyana attaches to the principle of the best interests of the child. The establishment of a Children’s Court is essential to ensuring that the objectives of the Juvenile Justice Act are advanced and achieved. It is vital to ensuring a more rehabilitative and restorative system of juvenile justice. It is essential to promoting the best interests of our children.”
The Minister commended the Chancellor of the Judiciary for “the great dispatch with which this court has been established”. “I welcome its establishment. This is a red letter day in our judicial history. We are establishing a gentler, caring and kinder nation, one in which children who may have gone astray can enjoy second chances and receive the support and assistance which they need to become what they can be,” Williams posited.
And Chief Magistrate Ann McLennan who also spoke at the commissioning, focused on diversionary measures and holding the youths accountable for their actions rather than punishment.
“It is therefore expected that less offending youths will enter the court system, nevertheless for those who will enter the system, the Children’s Court will provide an environment conducive for children. It will provide all the support necessary for the youths,” the Chief Magistrate concluded.
The two Magistrates that underwent extensive training to hear matters in the Children’s Courts are Dylon Bess and Annette Singh.

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