Code for Prosecutors advises…The younger the suspect, the less likely a prosecution is required

Jan 28, 2019 News

Very often, young persons are placed before the courts charged with varying offences. However, many factors should be taken into consideration when deciding on whether a prosecution is necessary. One such factor is the age of the suspect at the time of the commissioning of the offence.
This is outlined in the Code for Prosecutors, which was launched last November. It is a booklet containing a set of rules that encapsulates how prosecutors, including police prosecutors, make decisions. According to the Prosecutors’ Code, “The criminal justice system treats children and young people differently from adults and significant weight must be attached to the age of the suspect if they are a child or a young person under 18.”
It is explained in the booklet that in every case where there is sufficient evidence to justify a prosecution, prosecutors must go on to consider whether a prosecution is required in the public interest. The question as to whether the suspect is under 18 at the time of offence is just one of the public interest factors.
As stated in the Code for Prosecutors, “Prosecutions do not automatically take place once the evidential stage is met.
A prosecution will usually take place unless the prosecutor is satisfied that there are public interest factors tending against prosecution, which outweigh those tending in favour.”
It is stated in the book of guidelines that the best interest and welfare of the child or young person must be considered including whether a prosecution is likely to have an adverse impact on his or her future prospects that is disproportionate to the seriousness of the offence.
“Prosecutors must also have regard to the obligations arising under the Constitution, the Protection of Children Act, Chapter 46:06, the Juvenile Offenders Act, Chapter 10:03, all other legislation pertaining to the rights of children and persons and the United Nations 1989 Convention on the Rights of the Child.”
So, as a starting point, the younger the suspect, the less likely it is that a prosecution is required, advises the Prosecutor’s Code. However, it was pointed out that there may be circumstances which mean that notwithstanding the fact that the suspect is under 18, a prosecution is required in the public interest.
According to the booklet, “These include where the offence committed is serious, where the suspect’s past record suggests that there are no suitable alternatives to prosecution, or where the absence of an admission means that out-of-court disposals, which might have addressed the offending behaviour are not available.”
In giving an overview of the Prosecution’s Code at the launching, Director of Public Prosecutions (DPP) Mrs. Shalimar Ali-Hack had cautioned that a decision of whether to prosecute must not be influenced by a person’s race, national or ethnic origin, religion, sex, gender, financial circumstances, or political affiliation, or any other personal factor.
She had stressed that great care must always be taken by those who decide on these issues, “recognizing that incorrect decisions to prosecute may undermine the confidence in the criminal justice systems.”
“Accordingly, a decision to prosecute should only be taken after all the evidence and the relevant circumstances have been considered properly. This is done if the investigations are completed timely and legal advice sought before a charge is instituted,” the DPP had stated.
The DPP had explained that the early disclosure of statements to defendants will see them pleading guilty to the offence for which they are charged, or to a lesser offence and to bargain for a sentence. This, she had noted, will save the court from conducting trials and will also ease the backlog of cases.
The Prosecutors’ Code was drafted in collaboration with the United Nations Office on Drugs and Crime (UNODC) and sets out the tests that all prosecutors in Guyana will be expected to apply in determining whether criminal charges should be instituted.
It is based on the Constitution of Guyana, the Legal Practitioners Act, as well as the 1999 Standard of the International Association of Prosecutors.
A similar Code has already been implemented in the Caribbean islands of Antigua and Barbuda, St. Kitts and Nevis, Barbados, St. Vincent and the Grenadines, Grenada, St. Lucia and Dominica.

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