The Sunday News
THE Government through the National Prosecuting Authority (NPA) is set to introduce a programme which will spare children under the age of 18 from being tried in court as the country moves away from normal court procedures which are “punitive and retributive.”
The pilot study which began in 2013 and ended last year has seen a total of 1 657 children going through the programme. The results have been impressive, officials said. The programme — Pre-Trial Diversion — will therefore be fully operational next year. Pre-Trial Diversion is the channeling or diversion of cases from the criminal justice system to extra-judicial programmes.
“Young persons both held accountable and responsible for their actions are provided with the opportunity to re-think their lives without a criminal record or going through the stigmatisation and unnerving criminal justice system,” said Mr Fungai Nyahunzi the Principal Public Prosecutor.
“The trend is a shift away from the punitive and retributive practices towards rehabilitative, educative and restorative options. The programme is consistent with the global best practices and the guidelines outlines in the United Nations Standard Minimum Rules for the Administrative of Juvenile Justice (Beijing Rules).”
The programme, he said, does not benefit those who commit serious offences such as robbery and rape.
The principal prosecutor added that the Government had to adopt the guidelines after also realising that juvenile cases were too high.
He said most of them did not deserve to go through the formal justice system.
“It is now generally accepted that young people who come into conflict with the law are often victims of harsh socio-economic circumstances, violence, abuse or other negative factors which are outside their control. The courts are overloaded with young people charged with minor offences related to being homeless or crimes that are adolescent reactions to difficult socio-economic, family circumstances and the need for survival. Most young persons, if encouraged and supported, grow out of crimes as they become more mature and responsible. This programme aims to give children this second chance,” said Mr Nyahunzi.
He added that guiding principles on how juveniles’ cases were to be held stem from international guidelines which ensure that the rehabilitation of children prepared them for the future.
“Detention is to be used as last resort and for the shortest possible period of time. Every young person who is alleged to have committed a minor or non-violent offence should not be detained. Diversion is intended to minimise contact with the formal system. In practice, this means that children and young people who are eligible for diversion should not spend time in police stations and not go to court,” said Mr Nyahunzi.
