A Rights Approach to Children in the Juvenile Justice System
CONTENTS
About the Consultant i
Introduction 1
The Juvenile 3
Diversion from Court 6
The Juvenile Court/Family Court 11
Juvenile Court/Family Court Operations 11
Sentencing Options 15
Remand 18
Detention 20
References 29
Synthesis of Juvenile Justice Studies in: Antigua and Barbuda, Barbados, Belize, Commonwealth of Dominica, Grenada, Guyana, Montserrat, St.Kitts and Nevis, St. Lucia, St. Vincent and the Grenadines, Suriname, Turks and Caicos Islands, Republic of Trinidad and Tobago and the Virgin Islands
Introduction
The Convention on the Rights of the Child (“the CRC”) enjoys the distinction of having been “ratified by more nations - and in a shorter time- than any other human rights treaty in history.”1 All Caribbean nations have ratified the CRC. All Caribbean States have, therefore, signified their commitment to the principles enunciated in the CRC, and have pledged to “undertake all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention.” 2
The CRC has been described as “a universal reference point”3 for juvenile justice systems. Indeed, the CRC, incorporating as it does so many of the international standards and norms of juvenile justice, makes it easy for States to measure their performance in the area of juvenile justice by assessing their compliance with the CRC. The relevant international norms and standards are:
(1) the 1955 Standard Minimum Rules for the Treatment of Prisoners, which advocates the separation of young offenders from adults prisoners and accused from convicted persons;
(2) the 1966 International Covenant on Civil and Political Rights which prohibits the imposition of the death penalty on persons found guilty of a crime committed when under the age of 18 and advocates the