Benzodiazepinas

86 (ii) terms of imprisonment for a term of ten years and above;

(c) deal with other matters relating to a child where the claim involves an amount of fifty thousand naira and above;

87 shortest possible period of time. Wherever possible, detention pending trial shall be replaced by alternative measures like-

a) close supervision,

b) care by and placement with a family, or c) placement in an educational setting, or d) placement in a home.

Where a child is detained pending trial, the court shall secure that such child be moved to a State Government Accommodation and shall not authorize the child to be kept in police custody, except where-

-by reason of the circumstances specified in the certificate, it is impracticable to move the child to a State Government Accommodation; or

- the child has attained the age of fifteen years and no secure accommodation is available and any other accommodation is not sufficient to protect the public from serious harm from the child.²⁴⁰

While in detention, a child shall be given care, protection and all necessary individual assistance, including social, educational, vocational, psychological, medical and physical assistance, that he may require having regard to his age, sex and personality.²⁴¹

Due Process

On the apprehension of a child, the parents or guardian of the child must be notified immediately or as soon as possible.²⁴² . Contact between the police and the child shall be managed in such a way as to- (a) respect the legal status of the child;

(b) promote the best interest and well-being of the child; and

(c) avoid harm to the child, having due regard to the situation of the child and the circumstances of the case.²⁴³

In the administration of the child justice system, the legal status and fundamental rights of the child must be respected, in particular-

240Ibid, S. 212.

241Ibid, S. 212(2).

242Ibid, S. 211(1).

243Ibid, S. 211(2). ―Harm‖ includes the use of harsh language, physical violence,

exposure to the environment and any consequential physical, psychological or emotional injury or hurt.

88 (a) the presumption of innocence;

(b) the right to be notified of the charges;

(c) the right to remain silent;

(d) the right to the presence of a parent or guardian;

(e) the right to legal representation and free legal aid.²⁴⁴

Where a child is brought before the court, the court shall, as soon as possible, explain to him and his parents or guardian in a language the child‘s parent or guardian understands the substance of the alleged offence.²⁴⁵ If the child does not admit the facts of an alleged offence, the Court shall proceed to hear the evidence of the witnesses in support of the facts.²⁴⁶

Section 214 of the CRA provides that in the trial of a child under the Act, respect for his right of fair hearing and compliance with due process shall be observed

Where a child offender is brought before the court, the court shall ensure that -

(a) the proceedings is conducive to the best interest of the child and is conducted in an atmosphere of understanding which allows the child to participate therein and express himself freely,

(b) the reaction taken is always in proportion not only to the circumstances and gravity of the offence but also to the circumstances and needs of the child and the needs of the society;

(c) the personal liberty of the child is restricted only after careful consideration of the case including the use of alternative methods of dealing with the child and the restriction is limited to the possible minimum;

(d) the child is not deprived of his personal liberty unless he is found guilty of-

244 Ibid,S. 210.

245Ibid, S. 117(1).

246Ibid, S. 217(3).

89 (i) a serious offence involving violence against another person; or

(ii) persistence in committing other serious offences and there is no other appropriate response that will protect the public safety;

(e) the well-being of the child is the guiding factor in the consideration of his case.

Agitating against a provision similar to that in section 215(5) (ii), Mclaren had this to say in his book:

Tough is not Enough

while a child who knows how to read is more likely to do his homework when given a sharp reminder to do so, not even the worst punishment can make a child read when he doesn‘t know how. You could shut him in his room for years on end and he still would not learn. Instead he needs to be given an opportunity to learn the skills that make reading possible. He also needs to be exposed to the values and standards that tell him reading is important and why. In the same way, persistent young offenders need not only be held accountable for their behaviour, but to be exposed to

opportunities to learn new behaviour, and the values that will help them to value that behaviour.²⁴⁷

The conclusion here does not seem to flow from the premise; the premise gives the impression of one who never got a chance, while in the conclusion, he had several chances but never utilized them. If he cannot get another chance without compromising public safety, (which comprises the safety of other children) then in my way of thinking, his liberty should be restricted; even if he is only just a child.

Mclaren said tough is not enough, I quite agree, but tough is definitely part of it, a very crucial part too.

Where a child has admitted committing one or more offences and the court does not release him on bail he may be remanded to state government accommodation. The court remanding may impose a security requirement if the child has attained the age of fifteen years and he has been found to have

247 K. L Mclaren, ―Tough is not Enough: Getting Smart about Youth Crime‖, A review of research about what work to reduce offending by young people, p.13. available at http://www.myd.govt.nz/about- myd/publications/tough-is-not-july2015.html.

90 committed a violent or sexual offence punishable in the case of an adult with imprisonment for a term of fourteen years; or he has a recent history of absconding while remanded in a state government accommodation, and has been found to have committed an offence punishable with imprisonment while he was so remanded; and the court is of the opinion that only such a requirement would be adequate to protect the public from serious harm from the child.²⁴⁸

Disposition of juvenile offences

Section 219 of the Act provides that whenever a child is charged with a criminal offence other than a minor offence, the appropriate officers shall properly investigate the background of the child, the circumstances in which the child is living and the circumstances under which the offence was committed and report to the court before the case is finally disposed of. Report should also be made of the social and family background of the child, his school career and educational experience. This is the social inquiry report which would enable the court make disposal orders which would be in the best interest of the child.

The court shall consider the well-being of the child to be the guiding factor in the consideration of his case.²⁴⁹ The courts must ensure that the reaction taken is always in proportion not only to the circumstances and the gravity of the offence but also to the circumstances and ends of the child and the needs of the society.²⁵⁰

Where a court is satisfied that a child charged with an offence actually committed the offence, the court may do any of the following:

(a) dismiss the charge; or

(b) discharge the child offender on his entering into a recognizance; or (c) place the child under a care order, guidance order or supervision order; by (i) discharging the child offender and placing him under the supervision of a supervision officer, or

(ii) committing the child by means of a corrective order to the care of a guardian and supervision of a relative or any other fit person, or

248 S. 218(5).

249 S. 215(1)(e).

250 S. 215(1)(b).

91 (iii) sending the child by means of a corrective order to an approved accommodation or approved institution, or

(d) ordering the child offender to

(i) participate in group counseling and similar activities, (ii) pay a fine, damages, compensation or costs; or (iii) undertake community service under supervision; or (e) order the parent or guardian of the child offender to (i) pay a fine, damages, compensation or costs, or (ii) give security for his good behaviour, or

(iii) enter into a recognizance to take proper care of him and exercise proper control over him; or

(f) commit the child offender to custody in a place of detention provided under the Act; or (g) make a hospital order or an order prescribing some other form of intermediate

treatment; or

(h) make an order concerning foster care, guardianship, living in a community or educational setting; or

(i) deal with the case in any other manner in which it may be legally dealt with under the Act.²⁵¹

The placement of a child in an approved accommodation or government institution shall- (a) be a disposition of last resort; and

251Ibid, S. 223(1).

92 (b) not be ordered unless there is no other way of dealing with the child, and the court shall state, in writing, the reason or reasons for making the order.²⁵²

The provision of S.223 (1) (a) which says where the court is satisfied that a child charged with an offence actually committed the offence, the court may dismiss the charge is a bit absurd. Taking into account all the provisions of the Act geared towards ensuring that only serious cases are brought before the court. The CYPA contains such a provision, but it does not contain all the safeguards for avoiding the prosecution of children over non serious offences.

3.3 Problems Associated with Legal and Institutional Framework for the Protection of the