Juveniles

• Author: George Belnavis
• Profession: Attorney-at-law of over 30 years practice at both the Public and Private Bar and is currently Senior Tutor II at the Norman Manley Law School, Kingston, where he has taught for nearly 20 years
• Pages: 157-184

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Juveniles

Juveniles have long been treated separately by the courts. In the Caribbean

the provisions regulating the manner in which children and the young are

dealt with by the courts are largely based on the provisions of the English

Children and Young Persons Act 1933.

The term ‘Juvenile’ is used to cover both children and young persons.

Both these two classes of juveniles are separated differently in each of the

jurisdictions.

Antigua & Barbuda1

Juvenile: Under 16 years

Child: Under 14 years

Young person: 14–16 years

The Bahamas2

Child: Under 14 years

Young Person: 14–18 years

Barbados3

Child: Under 14 years

Young Person: 14–16 years

Belize

Section 2 of the Juvenile Offenders Act provides the following definitions:

Child: Under 14 years

Young Person: 14–16 years

Jamaica4

The Child Care and Protection Act 2004 refers only to child which is a

person under 18 years.

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Juveniles

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158 / Criminal Practice and Procedure

Montserrat5

Juvenile: Under 16 years

Child: Under 14 years

Young Persons: 14–16 years

St Christopher & Nevis6

Juvenile: Under 18 years

Child: Under 14 years

Young Persons: 14–18 years

Saint Lucia7

Juvenile: Under 16 years

Child: Under 12 years

Young Persons: 12–16 years

Trinidad & Tobago8

Child: Under 14 years

Young Person: 14–16 years

Criminal Responsibility – The Age of Discretion

In most jurisdictions a presumption exists that children are incapable of

crime. Infants under the age of discretion are not punishable by any criminal

prosecution whatever; 1 Hale, 27; 1 Hawk c.1, s. 1.9 Most Commonwealth

Caribbean countries have enacted statutory provisions relating to the age

of discretion.

In Antigua & Barbuda10 and St Christopher & Nevis11 it is presumed

that no child under 8 years can be guilty of any offence. There are no

specific provisions in the Bahamas, Belize or Montserrat and the common

law position would apply in these territories. In Barbados12 and in Trinidad

& Tobago, the age of discretion is 17 years. The age is 12 years in Jamaica13

and Saint Lucia.14

Provisions Prior to Trial

All of the countries of the Commonwealth Caribbean have fairly similar

provisions for dealing with juveniles following arrest and/or detention.