Commencement order yet to be issued for Juvenile Justice Bill

5 months later
It was hailed as a landmark move, but almost five months after it was passed in the National Assembly, the failure of Government to bring the Juvenile Justice Bill into commencement through a Ministerial order is cause for concern among sections of society.
According to the clause, two of the preliminary sections of the Bill state, “This Act shall come into force on the date the Minister may, by order, appoint.” The Bill was laid in the National Assembly by Public Security Minister Khemraj Ramjattan, making him the responsible Minister.
However, checks with the official Gazette’s website revealed that a commencement order has not been issued for the law. According to sources familiar with operationalising laws, a commencement order has to be issued when referenced in the Bill; otherwise all it takes is the President’s assent to bring the law into operation.
The Bill would repeal the ancient 1931 Juvenile Offenders Act and the Training Schools Act, abolishing offences like truancy and wandering. The draft bill was conceived in 2004 under the People’s Progressive Party/Civic Administration, with the support and input from the United Nations Children’s Fund (UNICEF).
According to the criminal capacity aspect of the Act, “no child shall be capable of or guilty of committing an offence unless the presumption is rebutted pursuant to an evaluation done in accordance with subsection.”
In addition to other factors, it was also stated that “where a child is charged, the Director of Public Prosecutions or the prosecutor or the attorney representing the child shall request of the court and the court shall order an evaluation of the child by a suitably qualified person to be conducted at the expense of the State.”
If a teenager has been found guilty of a crime, it was plainly stated that the Juvenile Justice System will be separate from that for adults, and place emphasis on the rehabilitation, education and reintegration of youths.
As such, it seeks to ensure that a juvenile is subject to meaningful consequences proportionate to the offence and circumstances, recognising his or her greater dependency and reduced level of maturity, while providing procedural protection to ensure that adolescents are treated fairly and humanely and their rights are protected.

Rehabilitation
It has been touted that the Bill will provide timely intervention that reinforces the link between the offending behaviour and its consequences; inform and involve parents of juveniles of and in measures or proceedings, and ensure that victims are provided with information about the proceedings and are given an opportunity to participate and be heard and wherever possible contribute to the rehabilitation and reintegration of the juveniles.
Moreover, in accordance to the Act, the application of measures taken against juveniles who commit offences will reinforce respect for societal values; ensure fair and proportionate accountability; encourage the repair of harm done to victims and the community; and where appropriate, involve the parents, the extended family, the community and social or other agencies in the juvenile’s rehabilitation, education and reintegration, and 12 criminal capacity be prompt given a juvenile’s perception of time.
Depending on the nature of the offence, the Juvenile Justice Bill 2018 provides “Diversions” which is considered to “often [be] the most appropriate and effective way to address juvenile crime and it allows “for effective and timely interventions focused on correcting offending behaviour.
Diversion measures shall not be exploitative, harmful or hazardous to the physical or mental health of the juvenile; shall be appropriate to the age and maturity of the juvenile; and shall not interfere with the education of the juvenile.
Some of the examples of “Diversion measures” provided by the Bill may include “an oral or written apology to a specified person or institution”, “placement by the court under the supervision and guidance of the Chief Probation Officer” or “referral by the court to counselling or therapy for a specified period” among others.