Juveniles to Face Committees for Minor Offences

By early 2005, young persons who commit minor offences may face Diversion Committees for some of these acts, instead of going through the court system. This is part of the restorative justice principles and programmes, which are being implemented by the Ministry of Justice.
Consultant on Justice Reform in the Ministry, Canute Brown made the disclosure in an interview with JIS News recently.
Mr. Brown said the practice of diversion would serve “to reduce the negative effects of criminal proceedings, be it a victim or offender”. He further explained that, “children who have committed minor offences would be allowed, with the consent of a parent or guardian, to have their matters inquired into in an informal way, without having to face the formal courts, and having to bear the stigma attached to persons who have been through the criminal justice system”.
Mr. Brown noted that it would also provide opportunities for the young offender and victim (where there is one), to meet and determine whether or not restoration would be effective.
While the diversion process will be new to Jamaica, there were other elements of restorative justice already in place, such as mediation, he noted.
Mr. Brown pointed out also that diversion was already being practised in other countries including the United Kingdom and Canada. He added that this practice was also consistent with the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, also known as the Beijing Rules, which were adopted in 1985.
“Under the Beijing Rules, states are enjoined in administering their domestic law, to deprive a child of his liberty only as a matter of last resort,” Mr. Brown informed.
The minor offences for which youngsters may go before a Diversion Committee include petty larceny, damage to property of low value, litter, disorderly conduct, and other forms of anti-social behaviour. The Committee, he said, would consist of ministers of religion, guidance counsellors, social workers, teachers and Justices of the Peace.
Mr. Brown further informed that next year, a tracking study would be conducted over some 12 months to determine what happened to young persons who passed through the justice system. The study will include all parishes and will examine among other things, whether the young offenders’ experience in the justice system had helped or exacerbated his/her situation. The tracking study would also help to determine to what extent young offenders return, within a short time, to the adult correctional system.
Another initiative being pursued by the Ministry is the introduction of the Victims’ Charter of Rights. Elaborating on this development Mr. Brown informed that the Charter would among other things, seek to keep the victim informed on the progress of their case; oblige the state to endeavour to establish schemes of compensation; and enhance the witness protection programme to protect witnesses prior to and after trial.
Explaining the rationale for such a charter, the Consultant said that for too long, victims had been seen as a mere “cog in the wheel”, and not central to the administration of the criminal justice system.
“The victim is only important in the scheme of things,” he argued, “after the offence has been committed and the person has been charged, and the victim [must] come to court and testify, to secure a conviction on behalf of the Crown. The victim thereafter, is as it were, forgotten”.
He said that the modern trend was to attach much more importance to victims, and also to enable them to participate and thereby understand what was happening in their cases.
The Victims Charter of Rights, he explained, “may not be at the level of a law, but certainly will operate as a practical guide to the law enforcement agencies and the courts, as to how to treat victims of crime”.
Meanwhile, the National Plan of Action on Juvenile Justice, which is supported by the United Nations Children’s Fund (UNICEF), is also being fine-tuned. Mr. Brown told the group that the Plan of Action would see a name change, with the word ‘Juvenile’ replacing the word ‘Child’. This is consistent with the Child Care and Protection Act, which came into force on March 27, 2004. The Plan should be completed by the end of the year.
Mr. Brown pointed out that the present cost of maintaining the juvenile justice system, was in the region of $450 million annually. This includes maintaining places of safety, juvenile correctional centres and family and juvenile courts. He added that it would cost another $700 million to upgrade and improve the system. He noted that there are only five family courts island wide, and that it would require another nine courts in order to provide each parish with a court. “Then those courts will absorb the work being done by the juvenile courts in those parishes,” Mr. Brown stated.