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Juveniles can be charged, prosecuted for criminal acts – AG
Kaieteur News – In response to the growing reports of violence among schoolchildren, Attorney General (AG) and Minister of Legal Affairs Anil Nandlall on Tuesday sought to remind the public that juveniles who come in conflict with the law can be charged.
Screenshot of a recent fight among schoolchildren
Nandlall was at the time debunking claims that juveniles cannot be investigated or charged for criminal conduct.
The AG noted that based on the reports some people seem to believe that recent reforms to the Juvenile Justice Act removed the provision that allows juveniles to be charged. “This is utter falsehood,” Nandlall stated. “There is no immunity from investigation, charge and/or prosecution,” he added.
Speaking on his weekly programme, ‘Issues in the News’ the AG stressed “juveniles who come in conflict with the law are answerable under the Act and can be charged. They can be detained; they can be prosecuted and can be convicted.”
He pointed out that amendments to the Act simply changed the regime through which the underage individuals can be charged or accused. As such, he is warning the police to desist from telling citizens this falsehood and to proceed with their duties.
In 2022, the National Assembly passed amendments to the Juvenile Justice Act. The amendments will inter alia see juveniles, for very specific cases, to be charged jointly with adults. According to the amendments tabled in early April, if a juvenile has been accused of committing an indictable offence with an adult and, “the offence cannot be disposed of summarily, the juvenile may be charged jointly with the adult.”
Section 3 (b) (i) of the principal Act restricts juveniles from appearing before the Court with an adult, the explanatory memorandum of the amendments highlight that the proposed amendment will create an exception.
According to Section 3 (b) (i) of the principal Act which restricts juveniles from appearing before the Court with an adult, the explanatory memorandum of the amendments highlight that the proposed amendment will create an exception. “The current criminal justice system often results in witnesses testifying twice, leading to a significant increase in judicial time and expense,” the explanatory memorandum states.
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