xv. A perusal of case law under JJSO shows that there are two category of cases. All offences, either minor or major, shall be compoundable for purpose of diversion. He holds a Masters in Human Rights Law from the University of Warwick. Though nine years have passed since Pakistan ratified the U.N. Convention on the Rights of the Child, Pakistani children in conflict with the law continue to be denied the juvenile justice protections of the convention. Tuesday, December 29, 2020, The Juvenile Justice System Act (JJSA) 2018 has introduced several new laws that were previously missing from the Juvenile Justice System Ordinance 2000. Police officers serve a vital role in the safety and well-being of the community and society at large. Police officers have lots of discretion when it comes to how they handle a … Juvenile justice, as conceptualized in the Convention on the Rights of the Child and other international instruments, is predicated on the adjudication of children's cases with a view to their rehabilitation and early reintegration into their communities. JJSA 2018 overcomes the shortcomings which were present in Juvenile Justice System Ordinance 2000, and provides a much better system for criminal justice and social reintegration for juvenile offenders. This is in the case where the complainant is not a state functionary. Criminal justice is the delivery of justice to those who have committed crimes.The criminal justice system is a series of government agencies and institutions. A juvenile shall be informed about his right of legal assistance within 24 hours of taking him into custody. 3)Heinous, which means an offence which is serious, brutal, or shocking to public morality and which is punishable under the Pakistan Penal Code, 1860 with death or imprisonment for life or imprisonment for more than seven years with or without fine. These provisions will go a long way in re-integrating delinquent juveniles into society and improving Pakistan’s compliance with international human rights standards. Home Furthermore, JJSA distinguishes between minor and major offences and both of these are treated as bailable offences for the purpose of acquiring bail. In absence of such documents, age of such accused person may be determined on the basis of a medical examination report by a medical officer. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances; (d) Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. Criminal Justice System of Pakistan 4. 5, How far recidivism has been limited by A number of NGOs promoted children’s rights. More recently, the threat of Observation Homes shall be made separately from police stations. 10) Removal of disqualification attached with conviction: A juvenile offender convicted under the provisions of JJS Act 2018 shall not suffer a disqualification, if any attaching to a conviction of an offence under such law. have positive direct and indirect impacts on the juvenile justice system, and this in three main ways that loosely correspond to the three levels of the preventive framework: [7] (1) Working alongside, but independently from, the The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. Discuss some of the functions and responsibilities of Juvenile Justice System. It was proved a step forward Following CRC in 1990, government of Pakistan promulgated the “Juvenile Justice System Ordinance 2000, (JJSO 2000),” This was provided for the protection of juveniles involved in criminal litigations. “Public prosecutors” are public authorities who, on behalf of … The meeting will also consider the establishment of National Judicial Automation Unit. A female juvenile shall only be kept in a Juvenile Rehabilitation Centre established or certified exclusively for female inmates. The act states that no female juvenile shall in any circumstance be apprehended or investigated by a male officer or released on probation under supervision of a male officer. However, all this depends on proper implementation of these provisions. Juvenile justice system in Pakistan Shagufta Gul August 22, 2017 As per World Justice Project Pakistan is placed 5th out of 6 countries in the region … During the 1960s and 1970s, with the due process revolution expanding the rights of adult defendants, the U.S. Supreme Court introduced constitutional due process into the juvenile justice system. Justice Law, which was approved in 1997 to establish a special court system and criminal code to handle juvenile cases. 11) Preventive Detention: No child shall be arrested under any of the laws dealing with preventive detention or under the provisions of chapter VIII of the Code of criminal procedure. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age; (b) No child shall be deprived of his or her liberty unlawfully or arbitrarily. Pakistan is a signatory of the Convention on the Rights of Child. They are oftentimes called the gatekeepersto the criminal justice system because they are typically the first ones on the scene when there's an issue, problem, or when a crime has been committed. 35 - 50 The Prison System in Pakistan Muhammad Masood Khan Abstract The present structure of the Prison system in Pakistan can be traced back to Pakistan came into being in 1947, their nomenclature were changed as the Pakistan Penal Code (XLV of 1860), the Code of Criminal Procedure, 1898 (V of 1898) and the Evident Act, 1872 (1 of 1872) to deal with the offenders. Terms & Conditions, Copyright © 2020 Daily Times Website Developed By Daily Times Developers. Additionally, the Act provides for a penalty for disclosing the identity of a juvenile and also provides for the making of rules under the Act to implement the same. Here convicts can receive an education as well as vocational or technical training for their development and includes certified institutions including women crises centres. They… Juvenile Probation Officers are intermediaries between the system of justice and offenders who are not yet at an age where they can be jailed. No. The federal Office of Juvenile Justice and Delinquency Prevention notes that, in 2008, police arrested more than 2 million children under 18 years of age. The S.H.O, investigating officer or the juvenile court can also grant permission in this regard. They wear many hats when it comes to juvenile delinquency. Principle of diversion : Measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole. One category of cases states that if a juvenile has committed a terrorism offence, an ATC shall have jurisdiction to try the case, whereas, the second category states that even if a juvenile has committed an offence under Anti terrorism act (ATA), it should be tried by a juvenile court and especially in relation to offences falling under items 1 & 3 of the third schedule of ATA (PLD 2006 Karachi 331; PLD 2003 SC 656). On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. 9) Special provisions for female juveniles: Female juveniles shall not in any circumstances be apprehended or investigated by a male police officer or released on probation under supervision of a male officer. Additionally, Section 17 of the Act provides safeguards for female juveniles. 6) Juvenile Justice Committee: this shall dispose of cases through diversion within a period of one month from the date of the referral. 4) Determination of age mechanism: JJS Act 2018 makes it compulsory upon the ranking officer-in-charge, or the investigation officer, to make an enquiry to determine the age of any such alleged offender, who physically appears or claims to be a juvenile. Before delving into the merits of JJSA, it is first important to highlight the legal challenges that arose out of the operation of the JJSO. 2) Major, which means an offence for which punishment under the Pakistan Penal Code, 1860 is imprisonment of more than three years and up to seven years with or without fine. But if it is in the interests of justice to hold a joint trial of a juvenile and an adult, the juvenile court may dispense with the physical presence of the juvenile and they may be allowed to join the Court proceedings through audio-visual technology link. 2. justice system in Pakistan but primary data is collected from the province of Sindh, particularly Karachi. JJS Act 2018 classifies the criminal offences into following three different categories: 1) Minor, which means an offence for which maximum punishment under the Pakistan Penal Code, 1860 is imprisonment for up to three years with or without fine. (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. He can be contacted on his Email: [email protected]. Disposal of Cases through Diversion: This is an alternative process of determining the responsibility and treatment of a juveniles on the basis of their social, cultural, economic, psychological and educational background, without resorting to formal judicial proceedings. the police, judiciary, prisons, prosecution, probation and parole. The Committee shall dispose of a case with consent of the complainant by resorting to different options, including restitution of movable property, reparation of the damage caused, written or oral apology, participation in community service, payments of fine and costs of the proceedings, placement in juvenile rehabilitation centre; and written and oral reprimand. 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The first category of cases was also strengthened by the fact that Section 14 of the JJSO did not curtail or limit the power of Anti-Terrorism Courts pertaining to a child’s trial but clarifies that the provisions of the Ordinance shall be in addition to and not in derogation to any other law for the time being in force. If you continue to use this site we will assume that you are happy with it. The current problem India is facing that, the law is insufficient for giving punishment to the … 1) Right of legal assistance: every juvenile or child victim of an offence shall have the right of legal assistance at the expense of the State. If the offence has been committed against a State and not against an individual; the Committee may dispose of the case through diversion with consent of the concerned public prosecutor. A juvenile of less than sixteen years of age is entitled to bail in heinous offences, but a bail is on discretion of court if juvenile is more than sixteen years of age. The Juvenile Justice System is one of the most debated topic in current condition of India. Organizational Behaviour and Human Resource 2. SENATE OF PAKISTAN Developing a protective environment for South Asian children: the role of parliamentarians in the protection of children in the juvenile justice system Regional parliamentary seminar hosted by Parliament of Do you believe that Juvenile Justice has played its role in prevention of juvenile crimes in Pakistan? A juvenile is entitled to bail in minor offences, with or without surety bonds by Juvenile court. However, further clarity will still be needed in light of Section 21-G of the ATA and especially in relation of offences, which fall under items 2 & 4 of the third schedule of the ATA. Furthermore, Section 21-G of the ATA states that all offences under this Act shall be tried (exclusively) by Anti-Terrorism Court established under this Act. Pakistan Journal of Criminology 35 Volume 2, No. 3) Juvenile rehabilitation centres: this is a special kind of prison established exclusively for keeping juvenile offenders. Before delving into the merits of JJSA, it is first important to highlight the legal challenges that arose out of the operation of the JJSO. High-level Saudi delegation to visit Pakistan soon, says FM Qureshi, Iran slams spike in US military activity in Persian Gulf as 'show of defiance & fear', TEVTA, DICE Foundation to develop first E-vehicle in Pakistan, UAE Dy PM arrives in Cholistan for houbara hunting, No power on earth can undo Pakistan, says Army Chief, Resign by Jan 31st or face long march, PDM warns PM, Holy Quran Act 2018 to be practiced from next academic year. Therefore, this lack of clarity became an issue when determining whether a special court such as an anti terrorism court (ATC) or a narcotics court shall have jurisdiction over a juvenile court. The complaint against a juvenile shall be referred to the Juvenile Justice Committee for disposal through diversion. 2) Observation home: this means a place where a juvenile is kept temporarily after being apprehended by police as well as after obtaining remand from juvenile court or otherwise for conducting inquiry or investigation. 5) Disposal of cases through diversion: this is an alternative process of determining the responsibility and treatment of a juvenile on the basis of his social, cultural, economic, psychological and educational background, without resorting to formal judicial proceedings. 8) Imposition of penalty for disclosure of identity of juvenile or to publish proceedings of juvenile court: JJS Act 2018 exclusively bars revealing the identity of an accused juvenile to the public without the authorisation in writing of the juvenile or their next-of-kin. Article 37 of the CRC states. But perhaps the most welcome change that has been brought about by the JJSA is the disposal of cases through diversion in Section 9 of the Act. 1.3 Scope: This study mainly focuses on criminal prosecution at the lower courts level. Geographical Information System (GIS) 3. The JJSA 2018 is very different from JJSO 2000, and the following are some of its salient new features. With this backdrop in mind, it is crucial that laws relating to juveniles should be focused on disposal of cases through diversion and social-integration of juvenile offenders and for a law to provide specific procedures to carry out the same so that these processes can be carried out in an effective manner and in the best interest of the child. One thing that is missing is the presence of a qualified child rights activist that understands the plight of the underage victims, and is equipped to deal with their issues. Crime The legal basis of the criminal justice system are the Code of Criminal Procedure (CrPC), 1898, Pakistan Penal Code (PPC), 1860, and the Qanun-e-Shahadat Order (QSO), 1984, which lay out the foundations, procedures and The Act defines a child according to the definition of UNCRC as ‘a person who has not attained the age of eighteen years’. The Juvenile Justice System Act 2018 (JJSA) has been promulgated to deal with these issues and its predecessor the Juvenile Justice System Ordinance (JJSO) has thereby been repealed. Principle of fresh start: All past records of any child under the Juvenile Justice system should be erased except in special circumstances. SECTION 1 FUNCTIONS AND RESPONSIBILITIES OF MAGISTRATES Role of magistrates Reid-Rowland 16-3 – 16-5 The criminal law regulates behaviour within the society. The Committee shall also perform inspection of Observation Homes and Juvenile Rehabilitation Centres and may give directions to concerned persons for welfare and social re-integration of juveniles kept in these places. Lead Stories Age shall be determined on basis of accused person’s birth certificate, educational certificates or any other pertinent documents. the role of public prosecution in the criminal justice system on the following principles: Functions of the public prosecutor 1. Section 23 of the Act states that the provisions of the law will have an overriding effect notwithstanding anything contained in any other law for the time being in force. Research Methods in Criminology 5. For major offences, diversion can only be exercised if the age of the juvenile is not more than 16 years. Investor Information It entails separate custodial arrangements f… A common issue under JJSO was determining whether a juvenile court would have jurisdiction if a juvenile has committed a terrorism offence or an anti-terrorism court (ATC)? Function Juvenile police officers are part of the juvenile justice system, created to deal with the problems of delinquency. Q. In light of the above, and pursuant to Article 25 (3) of the Constitution of Pakistan, 1973, Pakistan is under an obligation to safeguard the protect the rights of children. On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. We use cookies to ensure that we give you the best experience on our website. The J.J. Committee is set to consist of four members, including a serving Judicial Magistrate with powers under section 30 of CrPC (Head of Committee); District Public Prosecutor; Member of local Bar having at least 7 years experience, appointed by the concerned Sessions Judge for a period of 2 years; and serving probation officer or social welfare officer not below BPS-17. Social Statistics in Criminology 3rd Semester 1. This paper will discuss the role of the police, the courts and the Department of Corrections in the juvenile justice system, and which method best reduces future recidivism of juvenile delinquency . 7) Separate challan and trial of juvenile offenders: a juvenile shall not be charged with and tried for an offence together with an adult person. The convicted juvenile, shall be confined to the premises till the completion of period of imprisonment or until they turn 18 years of age. Editor’s Picks, Contact Your right to know The writer is a lawyer and human rights activist based in Lahore. In relation to investigation of a juvenile, a juvenile shall not be interrogated by a police officer below the rank of a sub-inspector and the investigation officer designated shall be assisted by a probation officer or by a social welfare officer notified by the Government to prepare social investigation report to be annexed with the report prepared under section 173 of the Cr.P.C. Company’s Financials Latest News 3, July 2010, pp. The law warrants separate Camera trial of the juvenile providing all privileges to the juvenile accused as per the Act of 2018. The figures also include 1,273 juvenile, 23,027 convicted and 53,385 under-trial prisoners. A female juvenile shall only be kept in a Juvenile Rehabilitation Centre established or certified exclusively for female inmates. Juvenile Justice System Act provides that every person below the age of 8 years is juvenile. The writer is an Advocate of the High Court and a Child Rights Activist. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. Lack of implementation of key provisions of JJSA 2018 will ultimately render the legislation ineffective and will deprive young offenders from their constitutional right of fair trial. 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Criminal Justice System In Pakistan: A Critical Analysis Executive Summary The Criminal Justice System in Pakistan comprises of five components i.e. Juvenile Justice System Ordinance 2000 Judgments of Apex Courts in Pakistan Ashraf Ali1 Abstract: The subject of Juvenile Justice System Ordinance is not a new thought but in As per reports of UN committees on Juvenile, Amnesty International, NGOs and other institutions, violations of Juvenile Rights are widely reported in Pakistan. The juveniles are participating actively in the crimes which lead eminent persons to think for amending the laws regarding the Juvenile Justice Act. 2. The conclusive proof of age is Occification Test . The Juvenile Justice System Act 2018 (JJSA) has been promulgated to deal with these issues and its predecessor the Juvenile Justice System Ordinance (JJSO) has thereby been repealed. The Juvenile Justice System A Separate System for Juveniles Minorities in Juvenile Justice Myths About Juvenile Justice Should Juveniles Be Tried as Adults? JJSA has attempted to deal with this issue. Bail shall also be granted in major offences with or without surety bonds by juvenile court. The juvenile justice system brings the juvenile delinquent in contact with the local police, the court system and if found guilty, the Department of Corrections. Published in Daily Times, September 7th 2018. Will the government successfully divide the PDM? In Section 2 (b) of the Juvenile Justice System Ordinance (2000) of Pakistan, a juvenile is a child who has not attained the age of eighteen years at the time of … The juvenile justice system is caught in a crosscurrent of con flicting philosophies. 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