Juvenile Justice in Different Countries

Age of Criminal responsibility and Treatment of Juvenile Offenders

A Compilation by HAQ: Centre for Child Rights

In the world, there are three models that inspire administration of juvenile justice
The Welfare Model
The Justice Model or Control model - Retributive
The Restorative Model

The age of criminal responsibility and treatment of juveniles thus varies under the different
models adopted by various countries. The table below presents some insights from 32
countries.

S. NO. COUNTRY NAME OF ACT AGE OF PUNISHMENT/INCAR

CRIMINAL CERATION
RESPONSIBILIT
Y
1. CANADA Youth Criminal 12 years The YCJA (Youth
Justice Act- Criminal Justice Act)
2003 The Criminal governs the
( Most recent Code of application of criminal
amendment) Canada, section and correctional law
13, states "No to those 12 years old
person shall be or older, but younger
convicted of an than 18 at the time of
offence in committing the
respect of an offence.
act or omission
on his or her Youth aged 14 to 17
part while that may be tried and/or
person was sentenced as adults
under the age under certain
of twelve conditions, as
years." described later on in
the act. (Sec 61)

Though all trials will

take place in a youth
court under the Youth
Criminal Justice Act,
for certain offences
and in certain
circumstances a youth
may receive an adult
sentence.

1
2. U.S.A Juvenile Justice The lowest age On June 25, 2012, the
and is six, in North US Supreme Court
Delinquency Carolina. ruled unconstitutional
Prevention Act Several states the mandatory
( JJDPA-1974) have no set sentence of life
In 2002, the Act standard, and without the
was thus rely on the possibility of parole
reauthorized common law (LWOP) for crimes
age of seven committed by
juveniles. The ruling
did not specify
whether it applied
retroactively to those
in prisons or to future
juvenile felons.
The court banned only
mandatory life
sentences without
parole for those under
age 18 convicted of
murder; it did not
completely banish life
(with parole)
sentences for such
convicts.

In most States, cases

referred to juvenile
court that meet
certain criteria may be
transferred to criminal
court upon the
authorization of the
juvenile court judge.
This mechanism is
known as "judicial
waiver," since the
judge is "waiving" the
juvenile court's
jurisdiction and giving
the case over to the
criminal system.

Judicial Waiver
Under judicial waiver
laws, the case

2
 originates in juvenile
court. Under certain
circumstances, the
juvenile court judge
has the authority to
waive juvenile court
jurisdiction and
transfer the case to
criminal court. State
statutes vary in how
much guidance they
provide judges on the
criteria used in
determining if a
youth’s case should be
transferred. Some
states call the process
“certification,”
“remand,” or “bind
over for criminal
prosecution.” Others
“transfer” or “decline
jurisdiction.”
Almost all states have
judicial waiver
provisions which is the
most traditional and
common transfer and
waiver provision.

Age of Juvenile Court

Jurisdiction
These laws determine
the age of adulthood
for criminal justice
purposes. They
effectively remove
certain age groups
from the juvenile
court control for all
infractions, whether
violent or nonviolent,
and place them within
the adult court
jurisdiction.
Thirteen states have
defined the age of

3
 juvenile court
jurisdiction as below
the generally accepted
age of 18 years old.

Transfer and Waiver

Provisions
These laws allow
young people to be
prosecuted in adult
courts if they are
accused of committing
certain crimes.
A variety of
mechanisms exist by
which a youth can be
transferred to adult
court.
Most states have
transfer provisions,
but they vary in how
much authority they
allow judges and
prosecutors to
exercise.

Prosecutorial Waiver
These laws grant
prosecutors discretion
to file cases against
young people in either
juvenile or adult court.
Such provisions are
also known as “concur
rent jurisdiction,”
“prosecutorial
discretion,” or “direct
file.”

Fifteen states have

concurrent jurisdiction
provisions.

Reverse Waiver
This is a mechanism to
allow youth whose
cases are being

4
 prosecuted in adult
court to be
transferred back down
to the juvenile court
system under certain
circumstances.
Half of the states have
reverse waiver
provisions.

Statutory or
Legislative Exclusion

These laws exclude

certain youth from
juvenile court
jurisdiction entirely by
requiring particular
types of cases to
originate in criminal
rather than juvenile
court.
More than half of the
states have statutory
exclusion laws on the
books.

Blended Sentencing
These laws allow
juvenile or adult
courts to choose
between juvenile and
adult correctional
sanctions in
sentencing certain
youth. Courts often
will combine a
juvenile sentence with
a suspended adult
sentence, which
allows the youth to
remain in the juvenile
justice system as long
as he or she is well-
behaved. Half of the
states have laws
allowing blended

5
 sentencing in some
cases

Certain states have

recently changed
their state laws and
are aiming towards
removing juveniles
from the criminal
justice system. ( As of
2011)

Four states (Colorado,

Maine, Virginia and
Pennsylvania) have
passed laws limiting
the ability to house
youth in adult jails and
prisons

Three states
(Connecticut, Illinois,
and Mississippi) have
expanded their
juvenile court
jurisdiction so that
older youth who
previously would be
automatically tried as
adults are not
prosecuted in adult
criminal court

Ten states (Arizona,

Colorado, Connecticut,
Delaware, Illinois,
Indiana, Nevada,
Utah, Virginia and
Washington) have
changed their transfer
laws making it more
likely that youth will
stay in the juvenile
justice system.

Four states (Colorado,

Georgia, Texas, and

6
 Washington) have all
changed their
mandatory minimum
sentencing laws to
take into account the
developmental
differences between
youth and adults

3. ENGLAND & WALES A number of The minimum For children to whom

Acts, dating age of criminal preventive methods
back to 1933, responsibility do not apply, for
provide for the in England and example, due to the
system of Wales is seriousness of the
juvenile justice currently ten offense, or who have
in England and years old. exhausted them, the
Wales and juvenile justice system
attempt to Those below then operates in the
ensure that a this age are form of a Youth Court,
fair trial and considered doli which hears cases of
fair treatment incapax and ten to eighteen year
is given to thus incapable olds. This youth court
children of forming was established to
accused of criminal intent. prevent children and
crimes. young people from
entering into contact
(Children and or associating with
Young Persons adult suspects during
Act 1933 (as any phase of a trial.
amended by s
16(1) Children
and Young
Persons Act Detention and
1963) Training Order (DTO)
Persons aged
between twelve and
seventeen: can be
given a DTO that lasts
for between four
months and two
years. Half of the time
is spent in custody
and half in the
community.
The DTO can be made
available by the Home

7
 Secretary for the
persons between the
ages of eleven and
twelve when dealing
with a persistent
offender.

The court has a range

of different sentences
for young offenders;
for example,
supervision orders
that can have a variety
of conditions attached
to them or an Action
Plan Order, an
intensive, three
month long
community-based
programme.
More serious custodial
methods of
punishment are
detention and training
orders. These orders
are normally given to
children representing
a “high level of risk *to
the public, have a
significant offending
history or are
persistent offenders
and where no other
sentence will manage
their risks effectively.”
They apply for a
minimum period of
four months to a
maximum period of
two years, with half of
the sentence being
served in custody and
the remainder in the
community supervised
by a “youth offending”
team.

8
 Only those offenders
over the age of fifteen
may be sentenced to
detention in a young
offenders’ institution,
although this latter
restriction does not
apply to children aged
ten and over
convicted of murder

For very serious

offenses, children are
prosecuted in the
Crown Court. The
Crown Court can
sentence children
between ten and
eighteen years old
that have committed
an offense that is
punishable by
fourteen or more
years’ imprisonment
for adult offenders,
children that have
committed murder, or
certain sexual
offenses, may be
sentenced for up to
the adult maximum
for the same offense.
The young offenders
are not placed in
prisons alongside
adults, but can be
placed in secure
training centres,
secure children’s
homes, or young
offenders’ institutions.
Murder carries a life
sentence. For persons
convicted of murder
that are under
eighteen years of age
indefinite detention

9
 begins in a social
services secure
accommodation.
The person is then
transferred to a
young offender
institution at
eighteen and to
prison at twenty one.
The Lord Chief Justice
sets the length of
detention and it is for
the Parole Board to
determine whether
the young person
should be released.
(See: Section 90
Powers of Criminal
Courts (Sentencing)
Act 2000, as amended
by sections 60 (2)-(3)
of the Criminal Justice
and Court Services Act
2000)

In England and Wales,

a person under 21
cannot receive a
whole life tariff, the
equivalent of an
LWOP sentence,
because Schedule 21,
and 269(4) of the
Criminal Justice Act
2003 restricts such
sentences to persons
aged 21 or older.
4. IRELAND Children Act In October The juvenile court has
( Republic of Ireland) 2001 2006, the age been replaced by a
of criminal new Children’s Court1
responsibility under the Children Act
was raised (2001).
from from 7

1
Part 7 of the Children Act (2001) relating to the Children Court has been implemented.

10
 years of age to The Children’s Court
12 years of age has the power to deal
with both offending
and non-offending
children up to 18
The age of years of age – this
criminal represents a change
responsibility from the previous
in Northern legislation where the
Ireland is 10 court had jurisdiction
years old over children under-
17 years only.

The Children’s Court

has the power to deal
summarily with a child
charged with most,
but not all, indictable
offences. The decision
to be tried summarily
for an indictable
offence depends on
the age and maturity
of the child as well as
other relevant
2
factors. Excluded
indictable offences
include those which
are required to be
tried by the Circuit
Criminal Court or
manslaughter. In
these cases, young
people are treated like
their adult
counterparts in the
adversarial system.

The court may take

mitigating factors
such as the child’s age
and level of maturity
into consideration
when determining the
nature of any penalty

11
 imposed, unless the
penalty is fixed by law
while the fourth
principle posits that
the penalty imposed
on a child for an
offence should be no
greater (and may be
less) than that which
an adult would receive
for the same offence.

On 1 May 2012, an
Order was signed by
the Minister to end
the practice of
sending 16-year-olds
to St. Patrick’s
Institution ( an adult
secure prison) and all
newly remanded or
sentenced 16-year-
olds have since been
detained in the
children’s detention
facilities at
Oberstown.

The last 16-year-old in

St. Patrick’s was
released in July 2012.
The detention of 17-
years-olds in St
Patrick’s
will continue until the
completion of the new
facility in 2014

Once complete, the

three existing child
specific facilities on
the Oberstown
campus and the new
detention units will
create one single
detention facility. This
will accommodate all

12
 children on remand or
serving a sentence in
Ireland, as originally
provided for in the
Children Act 2001. It is
planned that an
amendment
will be made to the
Children Act 2001 to
provide a secure legal
framework for the
operation
of the campus as a
single integrated
facility

At present, females
aged 16 years and
over can be detained
in the Dochas Centre
which is a facility for
adult female
prisoners at Mountjoy
Prison.

For children detained

in Children Detention
Centres (16-18 year
olds) a sentence of
detention should not
exceed the terms of
imprisonment for an
adult convicted of the
same offence.

5. FRANCE Since the Order While the In June 2011, French

of 2nd February onset of Parliamentarians voted
1945, a specific criminal on a new law in the
justice system responsibility National Assembly
introducing a reform of
applies to in France is age
the juvenile justice
children and 13, children
system. The law
adolescents aged 10-12 provides for the creation
under 18 years may be brought of a criminal court with
of age, namely before child a juvenile judge to
juvenile justice court judges adjudicate on recidivist
solely for the offenders aged 16 to 18

13
 purpose of years. The law also
applying introduces new
security procedures for faster
measures, prosecution. The law
was largely criticised by
provided that
civil society as it
child is at risk
represents a regression
Accordingly, it of juvenile justice and
is possible to puts in danger the
apply a specificity of the justice
minimum age system for minors
excluding
serious Juvenile assize courts
offenses. try serious offences
Sentencing committed by minors
young person’s from 16 to 18 years of
at least 13 but age in accordance
not yet 17 with the special
happens as an procedure applicable
exception; as a to minors. These
rule, courts comprise three
“educational professional judges
security and a civilian jury.
measures” are
applied instead Minors are
considered criminally
responsible as soon
as they are "capable
of discernment".

Age of discernment is
set roughly between
the ages of 8 and 10,
from which age
minors can be
sentenced. Penalties
are adapted to the
age of the offender:

From 10 to 13 years
of age, educational
penalties can be
imposed on minors
(such as the
confiscation of an
object, for example). If
the minor concerned
does not comply with

14
 the penalty, he or
she may be placed
in a household or a
specialized centre for
juvenile offenders;

From 13 to 16 years
of age, minors may
be criminally
sentenced; they can
receive a prison
sentence, but are
liable to only half the
sentence prescribed
for adults; they cannot
be remanded in
custody, except if they
have committed a
serious offence;
From 16 to 18 years
of age, minors can
be remanded in
custody and the
excuse of minority
can be set aside.
Because juvenile
delinquents are now
younger and commit
more serious
offences, juvenile
justice has gradually
tended to accelerate
procedures and to
strengthen
educational
supervision.

A new piece of
legislation in France
allows children
between the ages of
16- 18 who have
twice or more re-
offended to be
sentenced as adults
and faced with harsh
prison sentences.

15
6. ITALY Italian Penal Article 97 of A person who has
Code the Italian reached the age of 14
Code of Penal Penal Code but not 18 at the time
Procedure DPR states that a of committing a crime
448/1988 person who has and who is” capable
not yet of understanding and
reached the willing” must be
age of 14 at the punished but the
moment when punishment may be
he /she reduced.
commits a
crime must not Between the ages of
be punished 14-18 the ability to
understand and to
form mental intent
must be clearly
ascertained in each
case by the presiding
judge

Concerning the
decisions that the
court can impose, the
penal code states that
the orders and
sentences applicable
to adults may also be
applied to minors with
considerable latitude
and reductions. If the
youth is deemed likely
to re offend he/she
can be confined to a
judicial reformatory
7. NETHERLANDS 1 Children’s Children under In exceptional cases
Rights Act and the age of 12 16 and 17 year olds
Code of cannot be held can be tried according
Criminal criminally to adult law.
Procedure of responsible.
the The punishment of
Netherlands Similarly juveniles with
2 Amendment juvenile law incarceration is
to the Juvenile can be applied generally stipulated
Criminal Law to young for serious crimes, i.e.
(1995) people aged for crimes that carry a

16
 3 Youth 18–20 years punishment of over 4
Custodial who function years imprisonment
Institutions Act mentally at a for adults.
(Sept 2001) much younger
age Young people who
have not yet turned
16 at the time of the
crime may be
sentenced to a
maximum of 1 year in
prison.

For offenders
between 16-18 years,
maximum sentence is
2 years in prison.
When the punishment
of incarceration is
necessary for more
than 6 months, a
report must be
obtained from a
psychologist who is
required to meet the
child in prison.

In the Netherlands
there is the
(theoretical)
possibility of life
imprisonment with
the possibility for
parole, restricted to
juveniles at least 16
years in age.

8. GERMANY The Juvenile Minimum age Only a small part of

Welfare Act of criminal the convicted
(JWA) responsibility is juveniles is sent to
14 years. prison; in 2009,
A juvenile unsuspended youth
offender older penalty was imposed
than 14 and on 2,076 convicted
less than 18 minors only.
years of age The minimum length
can of youth
be punished, if imprisonment is six

17
 he or she has months, the maximum
reached a level five years, for 14 -17
of moral and year-old juveniles.
intellectual In cases of very
maturity serious crimes for
sufficient to which adults could be
enable him/her punished with more
to understand than ten years of
the imprisonment, the
wrongfulness maximum length of
of the act and youth imprisonment is
to conduct ten years. In the case
himself in of 18-20 year-old
accordance young adults
with such sentenced according
understanding to the JJA the
maximum penalty is
ten years, too. The
preconditions for
youth imprisonment
are either the
“dangerous
tendencies” of the
offender that are
likely to exclude
community sanctions
as inappropriate, or
the “gravity of guilt”
concerning particular,
serious crimes (like
murder, aggravated
robbery etc
9. SWEDEN In Sweden The definition Young offenders can
there is a of “young be sentenced to
special law offenders” in special sanctions for
(1964:167) Sweden is young people, but also
concerning offenders who to other sanctions.
juvenile have reached The special sanctions
perpetrators. the age of 15 youth care and youth
This law deals but have not service are based
with persons yet turned 21. more on the best
who have not The age of interests of the child
reached the criminal liability and on the young
age of twenty is 15 and 21 person’s social
one. It is quite was previously situation than on the
an extensive the year in penal value of the
law that cannot which one crime. Closed youth

18
 be referred to came of age. detention is, on the
in its entirety Today the age other hand, intended
has been as an alternative to
lowered to 18, prison in the case of
but special especially serious
circumstances crimes, and is
still apply to determined entirely
offenders aged on the basis of the
between 18 penal value of the
and 20. offence.
10. BELGIUM Youth Children aren’t Besides criminal cases,
Protection Act criminal the youth court is also
of 1965 responsible competent to try
modified May below the age cases of children in
15th 2006 of eighteen. need of care, and
The youth court deviant behaviour (i.e.
Law of June imposes no truancy). In practice, it
13th 2006 punishments occurs that the police
amending the like in adult demand juveniles to
legislation courts, but participate in
relating to the ‘educational educational training
protection of measures’ such as traffic courses
youth and takes or to restore small
charge of damages. If the
minors who deviant behaviour of a
have young person reveals
committed an a “problematic
act qualified as educational situation”,
an offence they can refer him
(and his parents) to
social support
agencies (yet without
conditions).
While most
delinquent minors
appear before youth
court, the juvenile
judge can however,
exceptionally decide
to refer a juvenile
offender aged over 16
to the Public
Prosecutor with the
intent of prosecuting
and sentencing the
minor in adult court
(‘transfer to adult

19
 court’)

11. INDIA Juvenile Justice The Indian There is no concept of

(Care and Penal Code sets punishment in the
Protection of the minimum Juvenile Justice Act.
Children) Act, age of criminal The law provides for
2000, as responsibility at different kinds of
amended in 7 years under orders that may be
2006 and 2011 Section 82 (the passed by the Juvenile
doli incapax Justice Board dealing
Juvenile Justice provision) - with offences
(Care and “Nothing is an committed by children
Protection of offence which below the age of 18
Children) Rules, is done by a years. These include:
2007 child under
seven years of • Allow the juvenile
Indian Penal age.” to go home after
Code, 1860 advice.
Section 83 of • Direct the juvenile
the Code to participate in
specifies the group counselling.
age within • Order the juvenile
which children to perform
are presumed community
doli incapax service.
unless the • Order the parent
prosecution or the juvenile
proves himself to pay a
otherwise. This fine.
section states, • Direct to be
“Nothing is an released on
offence which probation of good
is done by a conduct.
child above • Directing to be
seven years of sent to a special
age and home subject to a
under twelve, maximum period
who has not of three years
attained irrespective of the
sufficient nature of offence
maturity of committed.
understanding
to judge of the The Board shall obtain
nature and & consider the finding
consequences of social investigation
of his conduct report (SIR) while
on that making its order.

20
 occasion.”
No juvenile found
guilty of committing
an offence can be
sentenced to death or
life imprisonment.

No juvenile found
guilty of committing
an can be committed
to prison in default of
payment of fine or in
default of furnishing
security.

A child in conflict with

the law can also be
treated as a child in
need of care and
protection in certain
cases such as in the
case of a child in the
7-12 year age group
caught for a petty
offence or in the case
of a first time
offender. In such
cases the child will be
transferred to the
Child Welfare
Committee for care,
protection and
rehabilitation.

12. PAKISTAN Juvenile Justice Section 82 of Where a child under

System the Pakistan the age of fifteen
Ordinance, Penal Code sets years is arrested or
2000 the age of detained for an
criminal offence, which is
responsibility punishable with
for most imprisonment of less
offences at than ten years, shall
seven, while be treated as if he was
Section 83 it is accused of
presumed that commission of a
children bailable offence. No
between case child under the age of

21
 of children fifteen years shall be
between 7 and arrested under any of
12 years of age the laws dealing with
are doli incapax preventive detention
the prosecution or under the
and so the provisions of Chapter
prosecution VIII of the Code.
must prove the Provided that where a
child knew child of the age of
their acts were fifteen years or above
'seriously is arrested, the Court
wrong’ may refuse to grant
bail if there are
reasonable grounds to
believe that such child
is involved in an
offence which in its
opinion is serious,
heinous, gruesome,
brutal, sensational in
character or shocking
to public morality or
he is a previous
convict of an offence
punishable with death
or imprisonment for
life.
13. SRI LANKA The law on Minimum age Between eight and
juveniles is of criminal twelve years, the
governed by responsibility is judge has
the Children set at eight discretionary powers
and Young years. to hold a child
Peoples criminally
Ordinance accountable, or not,
based on judge’s
judgment on whether
the child has attained
sufficient maturity of
understanding the
nature of
consequences of his
conduct on that
occasion. Children
above 12 years can be
charged with criminal
liability regardless of
they have attained

22
 sufficient maturity to
understand the nature
and the consequences
of their conduct.
Children between 14-
16 are considered as
young persons.
Children between 16
and 18 are treated as
adults by the criminal
justice system.
14. MALDIVES LAW ON THE Minimum age Children between 16
PROTECTION of criminal and 18 years are
OF responsibility, considered as adults
THE RIGHTS OF is set at 10 in the Maldives.
CHILDREN years Juvenile offenders are
kept either in
Article 9 of this Dhoonidhoo where
law requires criminal detainees and
the political prisoners are
establishment housed, during
of a special investigation. The
procedure in difference between
cases involving adults and juvenile
juvenile detainees are that
delinquents adults are housed in
cells while juveniles
A Juvenile are kept in tents.
Justice Bill is in Upon sentencing they
its draft are transferred to the
stages and the regular jail for adults
JJU has been or transferred home
placed under to house arrest.
the Home
Ministry Corporal punishment
is lawful as a sentence
Although the for crime and for
Maldives disciplinary purposes;
heralded a
modern new Regardless of the
democratic
outcome of the family
Constitution in
conferencing or the
2008, much of
the court decision, schools
corresponding are forced to expel
legislation aimed children in conflict
at reforming the with the law from
criminal justice school as they need to

23
 system and the comply with
juvenile justice regulations set by the
system remains Ministry of Education.
In 2009, a
“Correctional
Training Centre for
Children” for at-risk
young people was
established and offers
life skills programmes
and vocational
training.

15. SINGAPORE Children and The Act Pre-Court

Young Persons determines the Diversionary
(Amendment) jurisdiction of Measures
Act of 2001 is the Juvenile a. Release the juvenile
the key Court for with a warning
legislation persons aged 7 to both the juvenile
governing the to under 16 and the parents
administration year olds or guardians
of juvenile Discharge the case
justice in conditionally or
Singapore. unconditionally;
Welfare of the b. Place a bond on the
juvenile is a parent/guardian
guiding to ensure proper care
principle of this and supervision
Act. of the juvenile;
c. Place the juvenile
under the care of a
“fit person”;
d. Place him/her on
stand alone
community service
order;
e. Place him/her on
stand alone
weekend detention;
f. Place him/her on
probation for a
period ranging from 6
month to 3
years with or without
conditions
(which may include
requiring him/her

24
 to go for periodic
training as a
condition of
probation) and with or
without a condition of
residency in a
probation hostel for
up to 12 months;
g. Order the juvenile
to be detained for a
period not exceeding
3 months and
place him/her on
probation upon
discharge;
h. Order him/her to be
detained for a
period of not more
than 6 months;
i.Order the juvenile to
be committed to
an Approved School
for juvenile
offenders for
rehabilitation for a
period between 24 to
36 months;
j. Require the juvenile
and parents to
participate in family
conferencing;
k. Require the parents
to go for
mandatory
counselling

Institutionalization of
a young offender
is considered only as
a last resort after all
else have failed and
when it becomes
sufficiently clear that
committing a young
Offender to an
institution is really in
his/ her best interest.

25
16. PHILLIPINES "Juvenile A child fifteen A child above fifteen
Justice and (15) years of (15) years but below
Welfare Act of age or under at eighteen (18) years of
2006. the time of the age shall likewise be
commission of exempt from criminal
With the the offense liability and be
signing of the shall be exempt subjected to an
Juvenile Justice from criminal intervention program,
and Welfare liability. unless he/she has
Act 2006 by However, the acted with
President child shall be discernment, in which
Gloria subjected to an case, such child shall
Macapagal- intervention be subjected to the
Arroyo, the program appropriate
Philippines pursuant to proceedings in
introduced a Section 20 of accordance with this
new juvenile this Act. Act.
justice system Where the imposable
The Juvenile penalty for the crime
Justice and committed exceeds six
Welfare Council (6) years
(JJWC) has imprisonment,
opposed a
diversion measures
House bill
may be resorted to
seeking to lower
the minimum only by the court.
age of criminal
responsibility to Institutionalization or
over 12 years detention of the child
old. pending trial shall be
used only as a
measure of last resort
and for the shortest
possible period of
time.

Whenever detention
is necessary, a child
will always be
detained in youth
detention homes
established by local
governments,
pursuant to Section 8
of the Family Courts
Act, in the city or
municipality where

26
 the child resides
17. MALAYSIA The Child Act of Malaysian Evidence Act 1950
2001 (Act 611) Penal Code provides an additional
sets the stipulates 10 to protection for boys
standards for be the age of below 13 where they
juvenile justice attainment of are presumed to be
with regards to criminal incapable of
Malaysian law. responsibility committing the
(The court but children offence of rape.
handling child between 10 Should a child
matters were and below 12 between 10 and 12 be
known as the who have not charged; he may
Juvenile Court shown invoke ‘infancy’ as a
but currently, sufficient defence. In
when the Child maturity may conclusion, children
Act 2001 came be absolved from 10 to 18 may be
into force in from criminality liable for any criminal
2002, the court as well. charges in the Court
is renamed for Children unless the
‘Court for offence is punishable
Children.’) with death3
whereupon the trial
will then be
conducted in the High
Court
18. CHINA It has adopted 14 years China holds more than
two 60 percent of juvenile
independent offenders in custody
laws: the Law (either prison or
on the administrative
Protection of detention) and places
Minors only 30 percent on
(adopted at the probation.
21st session of
the Seventh As of January 2013,
National China’s Criminal
People's Procedure Law
Congress in requires record
September sealing for juveniles
1991) and the who have been
Law on the sentenced to less than
Prevention of five years
Juvenile Crimes imprisonment.
(adopted at the “Conditional
10th session of nonprosecution,” a

27
 the Ninth concept modeled
National after “diversion”
People's practiced in the West,
Congress in will allow youth who
June 1999). commit minor
offenses to avoid jail
The time by successfully
revised Criminal completing six to 12
Procedure Law of months’ probation.
the People's
Republic of
Although juveniles
China, which
who commit
took effect on
January 1, 2013, “extremely serious
has 11 articles crimes” can be given
designed to up to life
improve the way imprisonment,
juvenile maximum terms are
offenders are rarely used and are
handled by the discouraged by the
Chinese justice national policies of
system. “combining leniency
and severity” and
“education first,
punishment second.”
In 1997, revisions to
China’s Criminal Law
lowered the maximum
sentence for juveniles
to life imprisonment
from “death with two-
year reprieve.” The
latter is a death
sentence that is
modified to a term of
life imprisonment or
fixed-term
imprisonment of 25
years, both with the
possibility of
reduction, as long as
no deliberate offense
is committed during
the initial two years of
imprisonment.

19. JAPAN Juvenile law Age of criminal The judge may make
1949 ( responsibility is one of the following

28
 amended in 14 years or decisions: (1) to
2000, 2007, older. dismiss the case; (2) to
2008) Treatment of refer the case to the
cases of governor of the
delinquent prefecture or the chief
children under- of the child guidance
14, therefore, is center; (3) to place
in accordance the juvenile under
with probation, a support
educational facility, or a juvenile
and welfare training school; and
perspectives. (4) to refer the case to
Children under the public prosecutor.
fourteen years The last decision can
old, however, be made when the
are handled juvenile is fourteen
primarily by the years old or over at
child guidance the time of the
center, as criminal acts and
provided by the when the judge finds
Child Welfare it is appropriate for
Law, when they the juvenile to be
have treated under the
committed regular criminal
acts, which, if procedure. As a
committed by a general rule, when the
person aged juvenile is sixteen
fourteen or years old or over and
over, would has caused death by
constitute a an act done with
crime. criminal intent, the
court refers him or her
to the public
prosecutor. When the
court chooses decision
(3), the juvenile may
file an appeal of the
case to the higher
court.

20. ISRAEL There is no Children under A suspect must be

comprehensive the age of released if an
Children's Code twelve are not indictment has not
in Israeli law, criminally been filed against him
rather liable. within 75 days of his
provisions of Generally, such arrest; if a trial has not
particular children are put commenced within 30

29
 relevance to in the care of days of filing the
children can be the child indictment; and if
found protection sentencing has not
throughout a services, and been passed within
number of Laws their acts are nine months. These
and Military likely to periods may be
Orders. constitute extended by the
grounds for Supreme Court in
determining special circumstances.
that the minor When an indictment
needs has been filed, the
protection court must set the
under the earliest date possible
Youth (Care for commencement of
and the trial. In the case of
Supervision) a defendant who is a
Law 5720-1960 minor, "save with the
consent of the
attorney general, a
minor will not be
brought to trial for an
offense if a year has
passed since its
commission"
21. SAUDI ARABIA The main laws The minimum There are three types
governing age for criminal of offences – qisas
juvenile justice responsibility (punished by
are the Juvenile has reportedly retaliation), hadd (for
Justice Act been raised which the prescribed
1975, the from 7 to 12, penalty is mandatory),
Juvenile Justice but reports are and ta’zir (for which
Regulations inconsistent the punishment is
1969, the Law and the rise discretionary).
of Criminal does not apply
Procedure to girls or in Corporal punishment
2001, the qisas cases. (amputation and
Detention and flogging) is lawful as a
Imprisonment sentence for crime,
Act 1978, the including for child
Detention offenders.
Regulation and
the Juvenile Flogging is mandatory
Homes’ for a number of
Regulation offences (hadd), and
1975, and the can be ordered at the
Basic Law of discretion of judges
Governance (ta’zir). Sentences

30
 1992. All laws range from dozens to
are based on thousands of lashes,
Sharia. and are usually carried
( As of August out in installments, at
2012) intervals ranging from
two weeks to one
month. The Juvenile
Justice Regulations
(1969) encourage
juvenile courts to
settle cases without
placing children in
supervised facilities
and to limit penalties
to admonishment,
guidance, counselling
or a reprimand, but
under the Juvenile
Justice Act (1975)
young persons under
18 may be sentenced
to corporal
punishment, including
flogging, stoning and
amputation.
Under the Law of
Criminal Procedure
(2001), amputation is
carried out pursuant
to a Royal Order
issued by the King or
his representative,
and must be
witnessed by
representatives of the
Administrative
Governor, the Court,
the Bureau of the
Promotion of Virtue
and Prevention of
Vice, and the police.
Saudi Arabia also
reported
the execution of one
juvenile in 2011.

22. UAE The main The minimum The Act allows for a

31
 federal laws age of criminal juvenile who has
governing responsibility reached the age of 16
juvenile justice under criminal to be punished under
are the Penal law is seven. the Penal Code,
Code 1987, The Juvenile substituting a
amended 2005, Delinquency sentence of detention
the Criminal and Vagrants not exceeding 10
Procedure Code Act defines a years for that of
1992, amended juvenile as a capital punishment.
2005, the Law person under
of Evidence 18 at the time Article 9 of juvenile
1992, and the of the offence Delinquents and
Juvenile Under Shari’a Vagrants Act, 1976,
Delinquents law, persons prohibits capital
and Vagrants typically punishment for a
Act 1976. become liable juvenile delinquent.
for Islamic
punishments at There is no provision
the onset of for corporal
puberty punishment as a
sentence of the courts
in the Penal Code, the
Juvenile Delinquents
and Vagrants Act or
other criminal law.
However, child
offenders may be
subject to corporal
punishment under
Shari’a law.
Punishments include
flogging, amputation,
and – as retaliation –
injury similar to that
for which the offender
has been convicted of
inflicting on the
victim.
23. AUSTRALIA New South In all Australian From 14 to either 17
Wales- Young jurisdictions or 18 years
Offenders Act the statutory (depending on
(1997) minimum age jurisdiction), young
Victoria- of criminal offenders may be held
Children, Youth responsibility is fully responsible for
and Families now 10 years. their criminal acts but
Act (2005) Between the are subject to a
Queensland- ages of 10 and different range of

32
 Juvenile Justice 14 years, a criminal sanctions
Act (1992) further than adults
Western rebuttable committing the same
Australia- presumption offences.
Young (known in
Offenders Act common law as
(1994) doli incapax)
South operates to
Australia- deem a child
Young between the
Offenders Act ages of 10 and
(1993) 14 incapable of
Tasmania- committing a
Youth Justice criminal act.
Act (1997) Only if the
Northern prosecution
Territory- can rebut this
Youth Justice presumption,
Act (2005) by showing
Australian that the
Capital accused child
Territory- was able at the
Children and relevant time
Young People adequately to
Act (2008) distinguish
between right
and wrong, can
a contested
trial result in
conviction.
24. NEW ZEALAND Children, Age of criminal New Zealand has
Young Persons, responsibility is separate justice
and Their 13 years except processes for under
Families Act for murder/ 17 year olds – the
1989 (CYPF Act) manslaughter child offending
where the age process for 10 to 13
Certain sections limit of 10 year olds and the
of the Act were applies youth justice process
most recently for 14 to 16 year olds.
amended in The separate systems
Dec 2012 are based on the
premise that the
vulnerability of
younger people and
their generally more
immature judgement
means that they ought

33
 to be treated
differently from adult
offenders.

Both processes have a

dual focus on
accountability and
rehabilitation.

Youth aged 14 to 16
can be formally
charged and
prosecuted for any
offence. Young people
aged 17 or over are
dealt with in the same
manner as adults.

When a child or young

person faces charges
for murder or
manslaughter the
charge is laid, and the
preliminary hearing
held, in the Youth
Court. If the Youth
Court finds there is
sufficient evidence to
proceed to a full trial,
the matter is
transferred to the
High Court.
In the remaining 16%
of cases, the young
person is arrested and
a charge is laid in the
Youth Court. As
already noted,
diversionary
mechanisms operate
to keep young people
away from the Youth
Court except in cases
of serious or
persistent offending.
This is achieved, in
part, because of the

34
 stringent restrictions
on the right of the
police to arrest a
young person. The
CYPF Act strictly limits
arrest and in most
cases a young person
cannot be arrested
unless it is necessary,
and a summons is
considered not
sufficient to:
• prevent further
offending or prevent
the loss or destruction
of evidence or witness
interference;
• ensure appearance
before the Court, for
example in
circumstances where
the young person
refuses
to provide his or her
name and address to
the police
25. BRAZIL Juvenile Children under Once arrested, a
delinquency is the age of youth under the age
covered under twelve are not of eighteen should be
the provisions criminally released to a parent
of the Statute responsible or a responsible adult;
of the Child and deprivation of liberty
Adolescent. should be limited to
This act was serious cases in which
established in the youth’s safety or
the Penal Code the public order
of 1940 and has requires it. If they are
been revised detained, youths may
several times. be held in police
The Minor’s lockups for no more
Code, for than five days, after
example, had which they must be
focused on released or
removing transferred to a
delinquent juvenile detention
children from center. Youths who
the streets; it are held in police

35
was replaced in lockups must be
1990 by the placed “in a section
Child and isolated from adults
Adolescent and with appropriate
Statute, which installations.
placed greater
emphasis on Delinquent youths
reinforcing may be sentenced to
responsible any of six “socio-
behaviour in educational
children. measures”: warning,
reparations,
community service,
probation semi liberty,
and confinement in a
detention center. The
strictest of these
measures, detention
should be imposed
only when individually
warranted, in
exceptional
circumstances, and for
the shortest possible
time. This principle
conforms to the
standard set forth in
the Convention on the
Rights of the Child,
which provides that
arrest, detention, and
imprisonment of a
child “shall be used
only as a measure of
last resort and for the
shortest appropriate
period of time.”

Under Brazilian law,

detention of a youth
may last no more than
three years and may
not extend beyond
the age of twenty-
one. Regardless of
the length of the
sentence, the judge

36
 must reevaluate the
decision to detain a
child at least every six
months.
26. PERU As of August 12 years In Peru, the majority
2012 a new of juvenile offenders
Code for are incarcerated, even
Children and in cases of petty
Adolescents crime, with close to
has been 68% having sentences
drafted by the of three years or less.
Justice
Commission of Suspects between the
Congress and ages of 15 and 17 who
will be debated are accused of
by politicians terrorist acts do not
soon. have access to the
specialized courts,
district attorney
offices, and defence
lawyers that are
available to other
juvenile offenders.

27. ARGENTINA Law no 22.278 16 years The law and average

lengths of detention
In July 2009, a At present, are similarly difficult
bill on the legal children to establish in
regime applying between 14 Argentina as there is
to persons and 16 years no clear limitation on
under 18 years old are subject detention and judges
of age who are to a protective hold discretionary
in conflict with regime that power to sentence
the law won considers them children in conflict
general not subject to with the law to prison
approval. This criminal terms, with no need
bill, which is in responsibility to specify their length.
line with but at the same
international time deprives The Ministry of Justice
standards in them of any and Human Rights has
this area, is procedural instructed security
now in the rights; as a forces to ensure that
Chamber of result, they are they abide by human
Deputies. regularly, rights standards in
arbitrarily cases where a person
deprived of under 18 years of age
their freedom is arrested on

37
 suspicion of
committing a crime.
As of June 2010, 1,730
children and
adolescents were
being held in custodial
institutions, chiefly in
Buenos Aires, the
Autonomous City of
Buenos Aires and
Córdoba. It has been
provided that children
and adolescents who
have to be held
temporarily should be
lodged in certain
police stations that
have been identified
as being the most
appropriate facilities
for that purpose until
such time as a new
building to provide
temporary lodging can
be constructed.

28. CHILE Law on Juvenile 14 years The new Chilean law

Criminal entered into force in
Responsibility 2007, was a
progressive first step;
however, it still allows
for harsh sentences to
be applied to children
–Fourteen to 16-year-
olds may be
sentenced to up to a
maximum of five years
in closed or semi-
closed detention
centres, where they
must take part in
social reinsertion
programmes. Over-
16s may be sentenced
to up to 10 years.
However, deprivation
of freedom must

38
 always be used only as
a last resort.
Other penalties
provided in the law
include parole,
community service
and making
reparations for
damages caused.
Offenders who need it
will be offered drug
rehabilitation
treatment.

29. BOLIVIA Code on 12 is the age of The application of

Children and social Bolivian law is
Adolescents – responsibility differentiated into
Protection, two age groups: The
Responsibility 16 of criminal first group comprises
and Jurisdiction responsibility adolescents of 12 to
15, whose processing
Law for is governed by the
Criminal Code for Children and
Sentencing and Adolescents, and is
Supervision headed by the Judges
of Children and
Adolescents.
Criminal acts of young
people from the ages
of 16 to 18 are
governed by the
criminal laws for
adults (Penal Code
and the Criminal
Procedure Code) and
are the responsibility
of judges and courts
for adults.

30. COSTA RICA The Juvenile 12 Years When considering

Criminal Justice measures applicable
Act entered to children, the
into force Juvenile Criminal
on 30 April Justice Act
1996 and the further divides them
Children’s and into two legal

39
 Young People’s categories: firstly,
Code on 6 children between 12
February 1998, and 15 years of age,
both of which and secondly, children
derogate the between 16 and
former 18 years of age
legislation on (Article 4)
minors. In Costa Rica there are
2 main organisations
responsible for minors
deprived of liberty.
The National
Programme for the
Attention of the Penal
Juvenile Justice
Population, which
depends on the
Ministry of Justice, is
responsible for the
implementation of the
alternative sanctions.
According to Article
131 of the Juvenile
Criminal Justice Act,
the detention term
may be up to 15 years
when applied to
minors between 15
and 18 years old and
up to 10 years when
applied to minors
between 12 and 15
years old.
Furthermore,
according to Article
139, minors between
12 and 15 years old
shall be kept apart
from minors between
15 and 18 years old.

31. MEXICO Federal Law for 10 years Children between 11

the Treatment and 18 years of age
of Juvenile are subject to special
Offenders courts for juvenile
offenders. Juveniles

40
In 2005, Article are assisted by
18 of the Guardianship
Mexican Councils, which are
Constitution 13 responsible for the
was modified care and protection of
to require each juvenile defendants.
state to design Children that are
and implement accused of committing
a juvenile an infraction must be
delinquency treated fairly and
system that humanely. Ill
operates treatment, incommuni
separately from cado detention,
the adult psychological coercion
criminal justice or any other action
system. impairing the child’s
dignity or physical or
mental integrity
during legal
proceedings are
prohibited.

Minors who are found

responsible of
committing an
infraction may be
subject to a wide
variety of measures,
including:

Counseling
Educational and
vocational training
programs, and
other
rehabilitating
measures.
Warning
Admonition
Prohibition to go
to certain places
Prohibition to
drive motor
vehicles
Placement in
custodial homes
Confinement in

41
 educational
institutions

32. EGYPT Chapter Eight Juvenile Article 112 of Egypt’s

(“The Criminal offenders Child Law (Law No. 12
Treatment of under the age of 1996 Promulgating
Children”) of of 15 are for the Child Law, as
Child Law 12 of the most part amended by Law No.
1996 and its not subject to 126 of 2008) states
implementing punitive that, “Children may
regulations. measures from not be detained,
the state. placed in custody, or
imprisoned with
adults in one place,”
The Egyptian Code of
Military Justice in
article 8 (bis) (1)
allows military
tribunals to try
juveniles if they are
accompanied by an
adult who is subject to
military jurisdiction,
including military
personnel or civilians
in military zones.

Measures for children

“vulnerable to
delinquency” and
children under 15 who
commit crimes range
from a rebuke to
commitment to a
social welfare
institution or
specialized hospital
for up to three years;
The penalty for
children over sixteen
who commit crimes
punishable by death is
a minimum of ten
years imprisonment,
or a minimum of
seven years
imprisonment for

42
 crimes punishable by
permanent hard labor.

33. SOUTH AFRICA Child Justice There are 3 Based on the severity
Act 2008 categories of of the offence, a child
children and may be placed in a
persons that child and youth care
the Act applies centre. If a child is 14
to: or older he / she may
1. Children be placed in a
below 10 years specified prison
at the time of
the commission Section 29 deals with
of the offence – detention of a child in
section 9 sets a child and youth care
out procedures centre and provides
that apply to that any child charged
children under with any offence can
10 years of age be detained in these
who have facilities. In deciding
committed a whether to place the
crime child in a child and
2. Children youth care the
aged 10 years presiding officer, in
and older but terms of section 29(2)
younger than must take the
18 years at the following factors
time of into account:
arrest or when • The age and
the summons maturity of the child;
or written •The seriousness of
notice was the offence in
served on them question;
3. Persons who • The risk that the
are 18 years or child may be a danger
older but to himself, herself or
under 21 years to any other person or
of age and who child in the child and
committed an youth care centre;
offence when • The appropriateness
under 18 years of the level of security
of age – of the child and youth
Prosecutions care centre differs
will issue according to the
directives on seriousness of the
how this offence allegedly
section is to be committed by the

43
 applied in child.
practice. Section 30 deals with
detention of a child in
prison awaiting trial
and provides in
section 30(1) that a
presiding officer may
only send children to
prison awaiting trial if:
•The child is 14 years
or older and charged
with a Schedule 3
offence. However, in
terms of section
30(5) a presiding
officer can send a
child 14 years or older
charged with a
Schedule 1 or 2
offence
to prison awaiting trial
if, in addition to all the
factors listed in
section 30(1) and
subsection 3, there
are substantial and
compelling reasons to
do so, and these
reasons must be
placed on the record;
The detention is
necessary in the
interests of the
administration of
justice or the safety or
protection
of the public or the
child or another child
in detention;
• There is a likelihood
that the child, if
convicted, could be
sentenced to
imprisonment; and
• An application for
bail has been
postponed or refused

44
 or the child has not
complied with bail
conditions once
granted.

Broadly speaking,
Schedule 1 contains
minor offences,
Schedule 2 more
serious offences and
Schedule
3 the most serious
offences. There are
also maximum time
limits for diversion set
out in section 53(5)
which are linked to
both the level of the
diversion option and
the age of offender.

Correctional
supervision
Correctional
supervision in terms
of section 276(1)(h) or
(i) of the Criminal
Procedure Act may be
imposed on a child of
14 years of age or
older.
However, only
correctional
supervision in terms
of section 276(1)(h) of
the Criminal
Procedure Act may be
imposed on a child
younger than 14 years
of age. The reason for
this is that
correctional
supervision in terms
of section 276(1)(i)
involves a period of
imprisonment, and
children under 14

45
 years of age cannot
be sentenced to
prison.

Sentence to a child
and youth care centre
In terms of section
69(3), when
considering the
imposition of a
sentence involving
compulsory
residence in a child
and youth care centre,
a child justice court
must consider the
following:
•Whether the offence
is of such a serious
nature that it
indicates that the
child has a tendency
towards harmful
activities;
•Whether the harm
caused by the offence
indicates that a
residential sentence is
appropriate;
• The extent to which
the harm caused by
the offence can be
apportioned to the
culpability of the child
in causing or risking
the harm;
• Whether the child is
in need of a particular
service provided at a
child and youth care
centre;
• The seriousness of
the offence, with
regard to the amount
of harm done or
risked through the
offence and the

46
 culpability of the child
in causing or risking
the harm;
•The protection of the
community;
The severity of the
impact of the offence
on the victim;
• The previous failure
of the child to respond
to non-residential
alternatives, if
applicable; and
•The desirability of
keeping the child out
of prison

In terms of section 76,

there are 2 types of
sentences to a child
and youth care centre.
The first involves the
sentencing of a child
to compulsory
residence in a child
and youth care centre
which provides a
programme referred
to in section 191(2)(j)
of the Children’s Act.
A sentence like this
may be imposed for a
period not exceeding
5 years or for a period
which may not exceed
the date on which the
child in question turns
21 years of age,
whichever date is the
earliest.

The second occurs

when a child justice
court that convicts a
child of an offence
referred to in
Schedule 3 and which,

47
 if committed by an
adult, would have
justified a term of
imprisonment
exceeding 10 years. In
such cases the court
may, if substantial and
compelling reasons
exist, in addition to a
child and youth care
sentence, sentence
the child to a period of
imprisonment which is
to be served after
completion of the
period of stay in the
child and youth care
centre. After
completion of the
time at the child and
youth care centre, the
child must be brought
before the child
justice court and the
manager of the child
and youth care centre
must submit a report
to the court on the
child’s progress
regarding whether the
objectives of
sentencing have been
achieved and the
possibility of the
child’s reintegration
into society.

48
References

World Organisation against Torture OMCT, Rights of the Child in Costa Rica, 2000
http://www.omct.org/files/2001/11/1155/costaricacceng2000.pdf

Republic of South Africa, Child Justice Act, 2008

http://www.info.gov.za/view/DownloadFileAction?id=108691

European Institute for Crime Prevention and Control, Criminal Justice Systems in Europe and
North America, 2001
http://www.heuni.fi/uploads/fq98onbf0fojy.pdf

Human Rights Watch, Charged With Being Children: Egyptian Police Abuse of Children in
Need of Protection, Vol. 15, No. 1 (E) – February 2003
http://www.hrw.org/reports/pdfs/e/egypt/egypt0203.pdf

UNICEF, Improving the Protection of Children in Conflict with the Law in South Asia: A
Regional Parliamentary Guide on Juvenile Justice, 2007
http://www.ipu.org/PDF/publications/chil_law_en.pdf

Children Rights Alliance, Ireland, Report Card 2013: Is Government Keeping Its Promises to
Children?
http://www.childrensrights.ie/sites/default/files/submissions_reports/files/ReportCard2013
.pdf

UNICEF, Juvenile Justice Systems: Good Practices in Latin America, English Edition 2006
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