“Utter falsehood” – AG on claims that juveniles cannot be charged, investigated

…as sentencing guidelines to address inconsistent court rulings being finalised

Attorney General and Legal Affairs Minister Anil Nandlall, SC, has debunked claims that juveniles can neither be investigated nor charged for criminal conduct.
Some people have claimed that recent reforms to the Juvenile Justice Act have removed this provision, but the AG has said that is “utter falsehood.”
Speaking during his weekly programme, ‘Issues in the News’, on Tuesday evening, the AG said, “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 have simply changed the regime through which the underage individuals can be charged or accused.
“There is no immunity from investigation, charge, and/or prosecution,” Nandlall added.
As such, he is warning cops 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. At the time, Home Affairs Minister Robeson Benn had noted that the amendments were intended to make the courts’ work more efficient.
Meanwhile, the Attorney General’s Chambers are finalising several documents, including guidelines and new bills, to improve the justice system. Among documents in their final stages are sentencing guidelines for the Judiciary, the Criminal Justice Alternative Sentencing Bill, and a bill to allow certain offences to be tried without a jury.
Nandlall has explained that the sentencing guidelines seek to address inconsistencies in the judgments delivered by judges and magistrates.
“We have had the unfortunate situation of inconsistent sentences, or sentences that lack uniformity, and the principles apparently are not clear on how a particular court arrives at a particular sentence. (e.g.) One man gets charged with robbery in one court and he gets a year, another man gets charged with robbery in similar circumstances in another court and he gets seven years. We need uniformity and consistency in sentencing,” he noted during his weekly programme of ‘Issues in the News.’
Members of the judiciary are currently vetting the document before it is returned to the AG’s office to be finalised. According to Nandlall, the document would also be made public in order to educate citizens on the sentences attached to certain crimes.
Meanwhile, as efforts continue to address overcrowding of prisons, custodial sentencing for petty crimes, and other judicial matters, the Government is finalising the Criminal Justice Alternative Sentencing Bill. The AG has said that several pieces of legislation have alternative sentences, but the new Bill would consolidate them into one document.
“Fifty years ago, society felt that those (offences) should be punishable by custodial sentences. Society has evolved, there have been social changes, and right across the globe, certain categories of offences are visited with lesser penalties,” he explained.
He added, “This Bill puts together all those types of offences and then a whole repertoire of alternative sentences that a magistrate or a judge will have at their disposal when they feel that custodial sentence should not be imposed.”
Some forms of alternative sentences have recommended including community service and therapy and counselling.
Further, the AG’s Chambers are working on a bill to allow certain offences to be tried without a jury; something which is encouraged by the Caribbean Court of Justice (CCJ).
“While trial by jury is important and has served society well, there are certain cases that are suitable for a judge to try alone. For example, technical nature of the matter, if it is believed a jury trial will not deliver justice,” Nandlall outlined.
He said most Caribbean countries have already moved in this direction, and the bill is with the Judiciary for consultation, since “their inputs are crucial.”
Parliament returned from recess earlier this month. There are several other bills to be tabled, including a Horse Racing Bill to establish a recognised Guyana Horse Racing Authority; the new Oil Spill Activities Bill; a Trustees Act; amendments to the Landlord & Tenant Act; the Rice Farmers (Security of Tenure) Act, and a series of bills from the Human Services and Social Security Ministry.