Overview
When someone below the age of 18 years is arrested or given notice to attend Court for a criminal offence, they are typically charged in the Youth Courts.
Throughout the process, a youth’s parents or guardian must appear in Court with them and may assist in conducting their defence if the youth is not represented by a lawyer.
The Youth Courts operate under a distinct framework that prioritises the rehabilitation, reformation and reintegration of young offenders over punishment. This is known as the Youth Court Therapeutic Justice Model, which attempts to put focus on restorative justice principles by emphasising problem-solving, rehabilitation, and the repair of relationships. Key initiatives under this model include:
- The Visionary Map, which guides youth offenders through reflective questions about their past and future. Here, both the youth and his parents or guardian can reflect on what the youth has done and what the youth’s future will look like after the entire incident is behind him.
- The written Promise for Change, a voluntary post-order commitment by the youth offender to concrete steps towards rehabilitation. Here, the youth affirms his commitment to change for the better and may read out his commitment before the Judge and his parents and guardian or other family members.
- Care Conferences facilitated by court family specialists for cases with higher therapeutic needs. Here, parents and guardians learn about how to better supervise their child. It also assists them in overcoming their emotions and personal issues in relation to the matter.
- The School Reintegration Network, which works with the Ministry of Education to ensure that youth offenders are reintegrated back to school as quickly as possible following proceedings. Here, the focus is on putting the youth back into routine, where a stable environment and reduction in disruption would improve his chances at being rehabilitated.
There are some exceptions where child and youth offenders may be heard outside the Youth Court. This may be where the offence can only be heard in the General Division of the High Court or the youth was charged together with an adult.
Special protection for youth offenders
In line with the framework that prioritises rehabilitation and reintegration, the Youth Courts apply some special rules to protect youth.
- When a Court metes out a punishment, they are termed orders rather than a sentence on the youth.
- Hearings are not open to the Public and information that may identify the youth cannot be published.
- The youth are not labelled as criminals and will be referred to as being found guilty, rather than being convicted.
- Youth offenders are also kept separate from adult offenders throughout the process, from the point of arrest through to trial. Some of the justifications for this includes the need to protect them from exposure to and influence from hard criminals.
The process after arrest
Once arrested, the youth offender will either be granted police bail, in which case they and their parents or guardian or lawyer will attend court on an appointed date. If not granted bail, they will be brought before the Youth Courts within 48 hours of arrest.
At the first hearing, the court will inform the youth why he has been brought before the Court and ask whether the youth offender admits to the offence. If the youth offender pleads guilty, a subsequent hearing will be fixed to determine the appropriate punishment, and the youth offender will either be remanded or released on bail in the meantime. If the youth offender claims trial, hearing dates for trial will be scheduled.
During a trial, the prosecution presents its case first, followed by the youth offender who will be represented by either his lawyer or assisted by his parents or guardian, who may present evidence, make statements, call witnesses, and cross-examine the prosecution’s witnesses. The youth offender also retains the option to plead guilty at any point during the trial.
Following a finding or plea of guilt, the youth offender’s lawers, parents or guardian may mitigate on their behalf, highlighting positive traits and character in an effort to persuade the court to impose a lighter punishment or a particular punishment which may in their view be appropriate.
Punishments in the Youth Court
Rather than conventional sentences, such as a fine, a custodial sentence and caning, the Youth Courts can impose a wide range of punishments that balance rehabilitation with an element of deterrence.
Before deciding on the appropriate orders, the judge may call for a probation suitability report. The Judge may also want to discuss the case with a probation officer and panel advisers. The hearing for dispositional orders is typically fixed about four to six weeks after the youth offender pleads guilty or is found guilty.
There are a wide range of punishments and orders the judge can mete out, such as:
- Conditional discharge with a bond for good behaviour.
- Placement of the youth under the care of a relative or some other suitable person.
- Probation for between six months to three years.
- Community service of up to 240 hours, detention for up to six months, weekend detention for up to 26 weekends.
- Committal to a juvenile rehabilitation centre for up to three years.
- Orders to pay fines, damages, or costs.
- Reformative training.
Parents and guardians are not merely bystanders in this process. The Court can also make orders directed at parents and guardians, such as an order to enter into a bond to ensure proper supervision of the youth offender, or to attend counselling and psychotherapy sessions together with the youth offender. This is in recognition that it may also be appropriate in some circumstances, for parents and guardians to resolve their relationship issues with the youth and manage them better. In the event parents or guardians fail to comply, the Court may also punish them.
Failure to comply with orders of the Court
After orders are made, the court continues to monitor the youth’s progress. This can be done through various ways such as reports by a probation officer.
The Court has the power to vary the punishment meted out, including:
- Extending the period of probation while adding other conditions.
- Revoking probation and committing the youth to a juvenile rehabilitation centre.
- Ordering reformative training.
This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.
