Rights Of A Juvenile Offender

By ASP Effie Tenge

Children who commit crime have some special protection which otherwise would not have been available to an adult, since children have less understanding of the law. At all times the interest of the child must be sought to be paramount during arrest, questioning, trial or at any stage of criminal proceedings.

Unlike one of the rationales behind a typical adult criminal case, the purpose of a juvenile sentence may not be to punish, but instead to rehabilitate the juvenile to live a productive adult life. Even criminal records of children are usually expunged on attainment of eighteen years in order not to be haunted by their juvenile offences in the future.

Who a juvenile is may differ from one country to another but a juvenile under the Juvenile Justice Act 2003 (ACT 653) states that 'a juvenile is any person under 18 years who is in conflict with the law.'

In Ghana, rights to freedom and liberty are guaranteed under Chapter Five of the 1992 Republican Constitution and these rights, unless relinquished, remains inseparable to humans.

The same Constitution provides instances under which individual rights and freedoms could be curtailed and they are prescribed under Article 14(1). It states that   (1)   Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law:

(a)  in execution of a sentence or order of a court in respect of a criminal offence of which he has been convicted; or

(b)  in execution of an order of a court punishing him for contempt of court; or

(c)  for the purpose of bringing him before a court in execution of an order of a court; or

(d)   in the case of a person suffering from an infectious or contagious disease, a person of unsound mind, a person addicted to drugs or alcohol or a vagrant, for the purpose of his care or treatment or the protection of the community; or

(e)   for the purpose of the education or welfare of a person who has not attained the age of eighteen years; or

(f)   for the purpose of preventing the unlawful entry of that person into Ghana, or of effecting the expulsion, extradition or other lawful removal of that person from Ghana or for the purpose of restricting that person while he is being lawfully conveyed through Ghana in the course of his extradition or removal from one country to another; or

(g)  upon reasonable suspicion of his having committed or being about to commit a criminal offence under the laws of Ghana.

Aside any of these reasons, no one, not even a police officer, has the power to restrict your movements unjustifiably. Even those who offend the law still own certain rights until they are taken away by the Act that established them.

Crime when committed, constitutes firm grounds under which a person's freedom is restricted. The courtesy accorded young offenders, although similar, may be different from that of adults.

Right To Privacy
When a child in this category offends the law – unlike an adult – has the right to privacy and confidentiality during the arrest, investigation and in the process of trial.

The privacy of the juvenile is such that no person is permitted by the Juvenile Justice Act (ACT 653) to release information regarding a juvenile's arrest, investigation and trial for publication to an extent that may expose the juvenile.

Juvenile who commits crime is not given a public hearing as the adult. Persons who may be present at the hearing are strictly limited and only include members and officers of the court hearing the matter; parties to the case before the court, their lawyers and witnesses; and any other person that the court may specially authorize or request to be present.

Cases involving juvenile are tried by a juvenile court, institution or any other body concerned with matters of juvenile. In order words, cases involving a juvenile shall be held in a different building, room or on different days where other courts are not sitting.

The proceedings are conducted in an informal manner devoid of intimidation. Even a police officer present at the proceedings must not be in uniform.

Rights During Arrest
A police officer or the person effecting the arrest shall inform the juvenile of the reason of arrest. The young offender need not be whisked away may be by reason of vulnerability, but shall be notified accordingly.

Immediately a juvenile is arrested at least a parent, guardian or a close relative must be informed of the arrest. In situations where any of the mentioned persons are unavailable, the probation officer in the district must be notified by the police officer. Following this, it becomes the responsibility of the probation officer to trace the parent, guardian or close relative.

To be continued
By ASP Effie Tenge
Note:     
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