Juvenile Justice System Act: A Brief Overview

Explore key features of the Juvenile Justice System Act, 2018, covering categories of offenses like Misdemeanor, Major Offence, & Heinous Offence. A Summary

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The Parlianment of Pakistan passed the Juvenile Justice System Act, in 2018. Juvenile Justice System Act, 2018 overcomes the shortcomings that were present in the Juvenile Justice System Ordinance 2000 and provides a much better system for the criminal justice and social reintegration of juvenile offenders. The Act defines a child according to the definition of the United Nations Convention on the Rights of the Child as “a person who has not reached the age of eighteen years

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Categories of Offences in Juvenile Justice System Act

Misdemeanor

It means an offense for which the maximum punishment under the Pakistan Penal Code, 1860, is imprisonment up to three years with or without a fine. A juvenile is entitled to bail for misdemeanors, with or without bond from the juvenile court.

Major Offence

It means an offense for which the Pakistan Penal Code, 1860, is punishable by imprisonment for more than three years and up to seven years with or without a fine. Bail will also be granted on felonies with or without bond by the juvenile court.

Heinous Offence

It means an offense that is serious, brutal, or scandalous to public morality and is punishable under the Pakistan Penal Code of 1860 by death or life imprisonment or imprisonment for more than seven years with or without a fine. A minor under the age of sixteen is entitled to bail for heinous crimes, but bail is at the discretion of the court if the minor is over the age of sixteen.

Notable Features of Juvenile Justice System Act

Juvenile Justice System Act, 2018, is very different from Juvenile Justice System Ordinance, 2000, and the following are some of its most notable new features.

Right to Legal Assistance

Every minor or child victim of a crime shall have the right to legal assistance at the expense of the State. The minor will be informed of his right to legal assistance within 24 hours of his arrest.

Observation Home

Refers to a place where a minor is temporarily kept after being detained by the police, as well as after obtaining remand from the juvenile court or otherwise to conduct an inquiry or investigation. The Observation Homes will be separated from the police stations.

Juvenile Rehabilitation Centers

This is a special type of prison established exclusively to house juvenile offenders. The convicted minor will be confined in the prison until the end of the prison term or until he turns 18 years of age. Here inmates can receive education as well as technical or vocational training for their development and includes certified institutions including crisis centers for women.

Age Determination Mechanism

The Juvenile Justice System Act, 2018, requires the rank officer in charge or the investigating officer to conduct an investigation to determine the age of any alleged offender who physically appears or claims to be a minor. The age will be determined on the basis of the defendant’s birth certificate, education certificates, or any other relevant documents. In the absence of such documents, the age of the accused person can be determined on the basis of a medical examination report by a medical officer.

Disposition of Cases through Diversion

Case Resolution by Referral

This is an alternative process for determining the responsibility and treatment of a minor based on his or her social, cultural, economic, psychological, and educational background, without resorting to formal court proceedings. The complaint against a minor will be forwarded to the Juvenile Justice Committee for disposition through diversion. All crimes, whether minor or major, will be aggravated for the purposes of the deviation. In the case of serious violations, the remission can only be exercised if the age of the minor does not exceed 16 years.

Juvenile Justice Committee

This will resolve cases by referral within a month from the date of referral. The Committee will dispose of a case with the consent of the complainant, resorting to different options, including the restitution of movable property, repair of the damage caused, written or oral apology, participation in community service, payment of a fine and costs of the process, placement in a juvenile rehabilitation; and written and oral warning. If the crime was committed against a State and not against an individual; the Committee can dispose of the case through diversion with the consent of the prosecutor concerned. The Committee will also carry out the inspection of the Observation Homes and the Juvenile Rehabilitation Centers and may give instructions to the interested persons for the welfare and social reintegration of the minors kept in these places.

The Juvenile Justice Committee is set up to consist of four members, including:-

a) Judicial Magistrate with powers under section 30, of Code of Criminal Procedure (Head of Committee);
b) District Attorney
c) Member of the local Bar Association with at least 7 years of experience, appointed by the corresponding Judge of Sessions for a period of 2 years
d) a serving probation officer or welfare officer not lower than BPS-17.

Separate Instruction and Trial of Juvenile Offenders

A minor may not be charged or tried for a crime together with an adult. But if it is in the interests of justice to hold a joint trial of a minor and an adult, the juvenile court may dispense with the physical presence of the minor and may allow him or her to join the court proceedings through an audiovisual technology link.

Imposition of a Penalty for Disclosing the Identity of a Minor or Publishing Juvenile Court Proceedings

Juvenile Justice System Act, 2018, exclusively prohibits disclosing the identity of an accused minor to the public without the written authorization of the minor or his or her immediate family. The S.H.O, investigating officer, or juvenile court may also grant permission in this regard.

Special Provisions for Female Minors

Female minors shall not be stopped or investigated under any circumstances by a male police officer or placed on probation under the supervision of a male officer. A female minor will only be kept in a Juvenile Rehabilitation Center established or certified exclusively for female inmates.

Removal of Disqualification Attached to Conviction

A juvenile offender convicted under the provisions of the Juvenile Justice System Act, 2018, will not suffer a disqualification, if any, associated with a conviction of an offense under Juvenile Justice System Act, 2018.

Preventive Detention

No child may be detained under any of the laws relating to preventive detention or under the provisions of Chapter VIII of the Code of Criminal Procedure.

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