Country

MinimumAge ForCriminal Responsibility

RightsOfTheChild

ArrestProcedure JuvenileCourts/Trial Procedure

Sentencing

RecentDevelopments (Legislation)

1.China

1416yrs.old

separate custody or imprisonment of minors from an adult jail or prison population compulsory education for minors in prison Broadcasting info about the childsinvolvementinthecase

does not treat juveniles differently [from adult suspects]. Handled by juvenile courts (roundtable trial, suspension of judgement to education&reform)

2.Japan

14yrs.old

legalassistance femalejuvenilefemaleofficer Below18atthetimeofthecrime(<5 yrs sentence) the records of thecrime shallbesealedunlessrequired

3.India

712yrs.old

Minorsheldincustody,arrested or are under criminal punishment shall be detained, administered and educated SEPARATELYfromadults

suspended sentences fixed term sentences of threeyearsorless shortterm detention of between six and 12 months fines 14 yr. Old minors shall be subject to criminal liability undernationallaws

national policy to seal the detention, arrest, and incarceration records of most juvenile offenders Improved protections forjuveniledetainees

14 to 16 years old can be punished as an offender by criminal courtsincertaincases

4. France

5.Italy

6. Sweden

presumptionofinnocence the charges, possible sentences, processarenotifiedtothechildren Legal assistance and involvement of the child and his/her parents in the judicialprocess decisionsaretakenwithoutdelay admission or confession is not admissibleasevidence equality of arms (accusatorial/inquisitorial trials) is ensured if for the best interests of the children, the presence of parents and/orguardiansisassured respect of childrens dignity and privacy 15 18 yrs. old No one may be sentenced for a crime exhausted all committed before the age of 15. But otheroptions the guilt or innocence of a child under 15 may determine and convict a personover15asanaccomplice

NO SPECIFIC LEGAL AGE sole criterion is of MORAL DISCERNMENT, ** 1018 years ofage 14yrs.old 1518 with Discernment must be punished, but the punishment islimited.

A lawyer must be present at all stages The Juvenile Court Judge can oftheproceedings make various orders during this phase depending on the age of the young person, the nature of the offence and the sentence incurred. The Juvenile Court (professional + experts in other fields ie. Psychologists, pedagogue,anthropologistetc) Parents or legal guardians are allowedtoattendthetrial. Decision can either be a SuspensionoftrialorProbation

Penalties are adaptedtotheageof thechild. may impose criminal penalties with educational measures the juvenile may benefit from a lesser punishment (precautionary & alternative measures, substitute penalties, custodial sentences, securitymeasures)* *also applicable to 1821yrs.old

Setting up of Juvenile Justice Board in every state Setting up of Child Welfare Committee everystate. Setting up of Special Juvenile Police Unit (SJPU) Law on Prevention of Delinquency (March 5, 2007) presently debating on minor and adult repeat offenders. No specialised legislation or act for young people, only Article 79 of the PenitentiaryAct Code of Penal Procedure.

7.Spain

10yrsold

If a child who is under 15 has broken a law, committed a crime or endangered herself or other, the juveniles parents and/or a social worker may be contacted (fines, probation, community service, care & supervision through Social Services) (European Convention on the Exercise Local Child Curfew (9pm6am) ChildrensRights) unlessaccompaniedbyanadult (Guidelines of the Committee of Child Safety Order under the Ministers of the Council of Europe on supervision of a Youth childfriendlyjustice) OffendingTeam *Can be arrested and taken to courtiftheycommitacrime

Imprisonment (if the crime is severe or age is close to majority)* *extremelyrare. Minors who are incarcerated serve only half of the time that an adult would serve for the same crime. Lastsupto 90days

The European Committee on Legal Co operationCDCJ The European Committee on Crime ProblemsCDPC The Steering Committee for Human Rights CDDH), and the European Commission for the Efficiency of Justice

8. United Kingdom

1017yrs.old

(European Convention on the Exercise ChildrensRights) Ifchildhassufficientunderstanding: ensure that the child has received all relevantinformation any form of deprivation of liberty should be a measure of last resort and be for the shortest appropriate period oftime

Treated as an adult by the law but must inform parents about thedetails Determine whether it has sufficient information at its disposal in order to take a decision in the best interests of thechild police should ensure that children in police custody are kept in conditions that are safe andappropriatetotheirneeds

Lastsupto SameasSpain 3to9mos. Dealt with by youth courts and are given differentsentences Sent to special secure centers for young people( max 1825 yr olds), not adult prisons mediation, education, diversion of judicial mechanisms and alternative dispute resolution should be encouraged Strong and clear evidence beyond all contradiction but must not be the mere proof of doing the act charged Diversion: family conferencing, compensation, community service, detention in 3 correctionalfacility A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of thatterm. Crime Sentencing Act of 1992 Criminal Code Act of 1995(s.72) Young Offenders Act of 1993 YouthCourtActof1993 Child Protection Act of 1993

9. Australia

10yrs.Old

PrincipleofRestoration Family Conferences (Accused Victim/Parents Parents of AccusedPoliceofficer) The juvenile is also entitled to a speedytrial. Rehabilitation is the primary reason for sentencing. Imprisonment is the last 1 resort.

10.USA

Age of Criminal Responsibility is established by state laws 715 yrsold

Nojuvenileoffendershallbesentenced to life in prison without parole for a Nonhomicidecrime *** The main goal of thejuvenile justice systemis rehabilitation rather thanpunishment. Probationary measures granted to minors: Counselling Fine Compensation, Communityservice Probation

11. Mexico

1118yrs.old

Juveniles are assisted by Guardianship Councils. Entitled to due process rights granted to adults though different standards may be applied due to immaturity and cognitive incapacity. He is also entitled to presumption of innocence, prompt notificationofanycharges,prohibition of self incrimination, and prompt trial. 4

can either be summoned by the police through arrest or referrals by parents and schools, delinquency victims andprobationofficers can be arrested by the police and kept in a remand centre untilgoingtocourt. can be arrested and released onbail By law, the names ofjuveniles brought to courtcannot be disclosed. 2 Police officers do not necessarily have to refer a minor suspect to juvenile court. The leeway a police officer is given depends on the state, but in general he or she can elect to: 1. Detain the minor and warn about the consequences of committing the crime before releasing the minor. 2. Detain and hold the minor until the minor's parents or guardians arrive and thenreleasetheminor. 3. Take the minor into custody and refer the minor to a juvenile court officer

The Supreme Court decision on June 25, 2012, barring the mandatory sentencing of juvenile offenders to life without parole recognizes childrens capacityforchange.

Imprisonment Rehabilitative measures such as Counselling, Educational and vocational training programs, and other rehabilitating measures,Warning Admonition Placement in custodialhomes Confinement in educational institutions 5

Article 18 of the Mexican Constitution was reformed in 2005 which aimed to bring the states different laws for young offenders under a single law.

http://hsc.csu.edu.au/legal_studies/structure/crime/4076/trial_process.htmRetrieved:February16,2013 http://www.victimsofcrime.wa.gov.au/J/juveniles.aspx?uid=2772363732248302Retrieved:February16,2013 EffectivePracticeinJuvenileJustice,NoeticSolutionsPTYLimited,January2010 http://www.djj.nsw.gov.au/pdf_htm/publications/general/juvenile%20justice%20effective%20practice%20review%20final.pdf

2 3 1

4 5

http://www.loc.gov/law/help/childrights/mexico.phpRetrieved:February16,2013 Ibid.

Sources:
CHINA TheLawonPreventionofJuvenileDelinquency(Article51,52,55,57) ThePRCLawontheProtectionofMinors TheLawonPreventionofJuvenileDelinquency(PreventionLaw) JAPAN Article37,40ofCriminalCode(age), 1948JuvenileAct JapaneseJuvenileLaw INDIA IndianPenalCode(IPC),1860

FRANCE
FrenchCriminalPolicyofJuvenileJustice

ITALY
AgerequirementfromArticle97oftheItalianCriminalCode TheCodeofJuvenileCriminalProcedure(DPR448/1988)

AUSTRALIA
CrimeSentencingActof1992 CriminalCodeActof1995(s.7.2) YoungOffendersActof1993 YouthCourtActof1993 ChildProtectionActof1993

UNITEDSTATESOFAMERICA
USConstitutionandFederalStatutes. DifferentStateshadelectedtheirownJuvenileCodes. MEXICO MexicanConstitution CodeofCriminalProcedureforJuveniles(StateofOaxaca) FederalJuvenileJusticeLaw