Sexual Offences, Drug Treatment and Children’s Courts

Mar 07, 2021 News

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By Renay Sambach

Kaieteur News – As we continue diving into Guyana’s Judicial system, and the different aspects of the court, today I will share some details about the Sexual Offences, Drug Treatment and Children’s Courts.
Each court, as you would realize, was established to deal with a specific area, with the idea of changing the atmosphere from a regular court room.
Oh! Before we move on, I must update those who have been following this page that last week, much to my surprise, the Georgetown Magistrates’ Court took action against those touting there. Indeed, I am motivated to keep sharing even more with you, even if the action taken was not prompted by the revelations of The Court Journal (but I highly doubt it though). For those who missed last week Sunday’s article on touting in the legal system, you can read it here: https://www.kaieteurnewsonline.com/2021/02/21/touting-an-unlawful-act-that-continues-to-flourish-in-the-legal-profession/.
Now back to the topic of the week.

SEXUAL OFFENCES COURT
With the sensitive nature of sexual offences, the Sexual Offences Court was created with the alleged victims in mind, and to protect them from any further trauma from seeing the accused while testifying.
The court’s victim-friendly features have been aiding with the successful prosecution of rape cases.
The Sexual Offences Court was established on November 13, 2017, and the court is housed in Court Six of the Supreme Court and represents the commitment of the judiciary to be responsive to the concerns raised in society about the conduct of trials of sexual offences cases.
The court is equipped with audio-visual devices to aid the testimony of witnesses. There are two screens in the courtroom that provide the complainants with a more suitable setting to face their alleged perpetrators.
Since the specialized court came into operation, a number of trials have been disposed of and several persons have been convicted for sexual offence crimes.
The court has a panel of eminent judges, including, Justice, Simone Morris-Ramlall; Justice, Joanne Barlow; Justice, Navindra Singh; Justice, James Bovell-Drakes and Justice, Brassington Reynolds, whose functions are rotated.
Before the Sexual Offences Court was established, a large number of sexual offences cases were nolle-prosequi (dismissed), mainly because the alleged victims were unwilling to testify before the High Court.
Reports indicated that the average length of a trial is four days. The longest, so far, has been eight days and the shortest three days, and if the process is not handled carefully, it can pose secondary trauma to the victims.
Due to the sensitive nature of sexual offences cases, the victims are often terrified of reporting their experiences to the police. For those who report their matter and the alleged perpetrators are charged, the case usually moves at a slow pace through the court system. When the matters do reach the court, most victims may decline to continue with the matter due to the time it takes and how traumatizing the experience can be.
As a result, the sexual offences courtroom is equipped with two screens which help to provide the complainants with a more suitable setting to face their alleged perpetrators.
With this purpose-built facility in operation, jurists have reported that more sexual assault victims are finding the courage to seek justice via the courts.
During the proceedings, judges are required to take the evidence manually but there is a built in recording system operating in the court as well.
As promised, during May 2019, a sexual offences court was established in New Amsterdam, Berbice and during September 2019, another sexual offences court was established in Essequibo to the tune of $17.4M.

DRUG TREATMENT COURT
On October 21, 2019, Guyana opened the doors to its first ever Drug Treatment Court (DTC).
The DTC was established to combat the growing issue of drug users and criminal offences related to the abuse of drugs. The court is housed in the once Court Seven courtroom, along with another room of the Georgetown Magistrates’ Court, that was refurbished for just under $1M.
As a result of hard work and the determination of members of the Supreme Court of Judicature of Guyana, the Organization of American States-Inter-American Drug Abuse Control Commission (OAS-CICAD) and the National Anti-Narcotics Agency of Guyana, the court came into existence.
According to information from the Supreme Court of Judicature of Guyana, a Drug Treatment Court is a specialized court for persons with substance use disorders like ‘drug addiction.’
The DTC is a problem solving court that seeks to address the needs of each participant in the court programme, including their drug use and the criminal behaviour associated with it.
Rather than imprisoning persons with drug offences, this court gives them the opportunity to enter long-term treatment and agree to court supervision. With the help from the OAS-CICAD and the United States (US), five Magistrates were trained to operate in the DTC. The training was done in the US by the National Association of Drug Court Professionals.
How a Drug Treatment Court operates?
According to information from the Supreme Court of Judicature of Guyana, in order to be eligible for the Drug Treatment Court, a person must be an adult who has been charged with a minor criminal, drug, or related offence, must be likely to be re-offend, and must be experiencing serious substance use disorder.
On a plea of guilty or being found guilty by a magistrate for certain specified offences, the offender is provided with an option of a custodial sentence or to enter a treatment programme as an alternative to incarceration.
Participation in the programme is voluntary. The programmes are basically to prescribe treatment which is tailored to the needs of the participant.
Some of the key interventions of the DTC are educational sessions, one-to-one counselling, group counselling, drug testing, treatment recovery plan, reintegration post-graduation plans.
In Guyana, we have the Phoenix Recovery Centre, the Salvation Army and other such organizations that are well equipped to provide the recovery plans. The Supreme Court works with its stakeholders to ensure the success of the DTC.
The DTC team comprises of largely magistrates, state councils from the office of the Director of Public Prosecutions (DPP), the defence attorney or legal aid attorney who will represent the offender, a probation officer; a representative of the approved substance abuse providers, a case manager and such other persons as the court may direct.
The team is tasked with conducting the initial assessment of eligible participation and to provide updated information to the court regarding the participant. Once a participant signs a written agreement to participate, which will be fully explained to him/her, they’re required to comply with same.
If a participant fails to complete the programme, his or her case will be processed in the traditional criminal justice system.
The Supreme Court of Judicature of Guyana had stressed that the DTC programme requires a lot of commitment from participants and dedicated case supervision from the drug treatment court team.
This may require participation for many months to help the person maintain long-term recovery strategies. Furthermore, there will be frequent and random drug tests so as to ensure that persons stay clean. Participants must attend court frequently so they can be monitored and encouraged to make and maintain their recovery.
The programme is designed to give structure to participants’ lives and to support their recovery. It was noted that participants are not alone in their steps to recovery from their drug addiction.
Members of the court help participants in their progress towards recovery and hold them accountable for lapses in improvement.
In addition, participants who successfully complete the DTC programme may receive a light sentence such as a fine or community service, or have their underlying criminal charge dismissed or have no conviction recorded.
Upon successful completion of the programme, there is a graduation ceremony by which time the participants will be rehabilitated and prepared for reintegration into their community where they can meaningfully contribute to society.
Unlike traditional courts, DTCs take a collaborative approach to justice. The Magistrate, Prosecutor, Defence Attorney, Social Worker, Police Officer, Treatment Provider and Mental Health specialists work together with each participant to seek solutions for his or her benefit.

CHILDREN’S COURT
With the passing of the Juvenile Justice Act, the first Children’s Court was commissioned on October 31, 2018, in the Georgetown Magistrates’ Court.
The children are among the most vulnerable members from society.
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 Children’s Court was in the pipeline since 2004, after the then People’s Progressive Party/Civic (PPP/C) Government tabled its first report to the Committee on the Rights of the Child.
The two Magistrates that underwent extensive training to hear matters in the Children’s Courts are Dylon Bess and Annette Singh.
The committee then made a number of recommendations urging that they be implemented as early as possible.
Some of those implementations, include 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.
According to reports, the law provides children below 18 with free legal advice.
The law provides a humane alternative to the tense formal court setting, and remands and incarceration for young law breakers.
The Children’s Court was designed to assist in helping youths and to avoid them from falling deeper into the life of crime.
One of the aims of the court is to divert juveniles from the formal court procedure, which will be an asset when it comes to dealing with delinquents.
Some of the procedures put in place to restore and deal with juveniles, who 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.
Additionally, the DPP, the Prosecutors and the Police officers can consider warnings and referrals to avoid juveniles from going to court.
However, the DPP must conduct pre-charge screening before a juvenile is charged and placed before the courts. The DPP must give a written consent to any private individual who wishes to institute charges against a juvenile.
Instead of sentencing a juvenile to imprisonment, it is advised to ensure rehabilitation, eradication and reintegration into society.
Before ordering a custodial sentence, the court must review pre-sentencing reports that must be prepared by the Chief Probation Officer.

 

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