Juvenile Delinquency, Juvenile Justice and Legal Reform: A Case for an Evidence-Based Approach

• Author: Betsy Ann Lambert Peterson
• Pages: 149-158

149

JUVENILE DELINQUENCY, JUVENILE JUSTICE AND LEGAL REFORM

There has been great concern in Trinidad and

Tobago in recent years about the level of

juvenile delinquency and the increased

number of young persons within the

criminal justice system on very serious

criminal or capital charges. In order to

determine how the legal system can best

address this phenomenon, this paper firstly

presents an overview of the current statutory

framework for juvenile justice in Trinidad

and Tobago. It then posits that evidence-

based research should be used to inform

policy for an adequate and effective juvenile

justice system in Trinidad and Tobago. In

support of this hypothesis, the paper focuses

on the process followed in England and Wales

before the final warning scheme was

implemented there. The final warning

scheme was chosen as an illustration because

it is a well-documented example of theory

and empirical evidence being utilised to

inform decision-making, leading to changes

in legislation and legal processes. Since our

society is markedly different from that of

England and Wales any changes ultimately

made to our juvenile justice legislation and

legal processes must take into consideration

the societal reality of Trinidad and Tobago.

CURRENT STATUTORY FRAMEWORK

FOR JUVENILE JUSTICE

Section 12 of the Supreme Court of

Judicature Act1 provides that the Common

Law, Doctrines of Equity and Statutes that

were in force in England on March 1, 1848

shall be deemed to have been in force in

Trinidad as from that date, and in Tobago as

Juvenile

Delinquency,

Juvenile Justice

and Legal

Reform:

A Case for an

Evidence-Based

Approach

Betsy Ann Lambert Peterson

Seven