The government on Wednesday tabled proposed amendments to the Juvenile Justice Act which, once passed, will see juveniles being tried together with adults for offences they are accused of committing together which cannot be disposed of by summary trial.
According to the Bill’s explanatory memorandum, the amendment will save judicial time and money; but notes importantly that it also allows the Court to employ all necessary measures it considers appropriate, to ensure the best interest of the juvenile remains paramount.
Tabled before the National Assembly by Minister of Home Affairs Robeson Benn, the amendment seeks the insertion of two new subsections, following subsection (4) of Section 36 of the principal Act which provides for a juvenile’s appearance before the court.
The new subsection (5) states that, “Notwithstanding Section 3(b)(i) [of the principal Act], where a juvenile commits or is alleged to have committed 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 Act currently provides, “The juvenile justice system shall – be separate from that for adults.”
The new subsection (6) meanwhile states, “Where a juvenile is charged jointly with an adult pursuant to subsection (5), the court may conduct one hearing into the charge and may employ such measures, as the court considers appropriate, for securing the rights of the juvenile under this Act.”
Section 2 of the principal Act defines a juvenile as “a person who is or, in the absence of evidence to the contrary, appears to be fourteen years old or older, but less than eighteen years old and, if the context requires, includes any person who is charged under this Act with having committed an offence while the person was a juvenile or who is found guilty of an offence under this Act.”
Titled the Juvenile Justice (Amendment) Bill No. 5 of 2022, it came up for its first reading in the National Assembly yesterday afternoon and seeks to amend the Juvenile Justice Act No. 8 of 2018.
Citing Section 3(b)(i) of the principal Act which prohibits juveniles from appearing before the court with an adult, the explanatory memorandum of the Bill notes that the proposed amendment will create an exception.
It further goes on to note that the amendment will essentially seek to remedy the issue of two separate charges being instituted where the juvenile commits an indictable offence, which cannot be disposed of summarily with an adult.
The current criminal justice system the memorandum states, often results in witnesses testifying twice, thus leading to a significant increase in judicial time and expense.
With the amendment, however, the explanatory memorandum states that the juvenile and adult may then be charged jointly and one trial conducted; and will also allow the magistrate or judge to employ such measures as the court deems appropriate to ensure that the best interest of the juvenile remains paramount and the rights of the juvenile which are enshrined on the principal Act, are not curtailed.
