Section 10 of the Juvenile Courts (Care and Protection of Children) Act refers to the arrest of a child who is in conflict with the law. Around the world, there has been considerable progress towards recognizing the importance of specialized justice for children. Nevertheless, in many countries there is no specialized system to deal with children in conflict with the law (Liefaard, 2020). This includes situations where there are no specific legal or policy provisions relating to children in conflict with the law, as well as situations where specific laws may exist but there are profound gaps in implementation due to a lack of specialization within the justice sector workforce (e.g. , lack of specialized courts, specialized judges and specialized distraction systems). In some cases, this is due to a lack of capacity and of an adequate organizational and operational framework for Governments and relevant judicial institutions to carry out their tasks properly and cooperate with each other. As a result, children are treated by conventional criminal justice systems designed by and for adults. These systems do not provide mechanisms and facilities for children to benefit from diversion and alternative measures, which often leads to excessive use of deprivation of liberty for children in conflict with the law. The procedure for children in conflict with the law is established to ensure that the justice system no longer focuses on punishment but adopts an approach to rehabilitate the child and reintegrate him into society in order to thrive in his future plans.

The provisions of the impugned proceedings under the Act ensure that children are persecuted in a child-friendly manner and are not treated as adults. However, if a child commits a heinous crime, he or she can follow the same process as an adult in order to achieve the goals of justice. (b) Wherever appropriate and desirable, measures to deal with such children without judicial proceedings, provided that human rights and legal safeguards are fully respected. Tip: The Juvenile Courts Committee was established under section 4 of the Juvenile Courts Act 2015. It is a competent authority that deals with the affairs of children in conflict with the law and takes appropriate measures for rehabilitation. The fundamental objective of juvenile justice is to ensure that the child is protected from violence, abuse and exploitation. This ensures that when a child commits a crime, he or she is not judged in the same way as adults. The term “children in conflict with the law” means that a person under the age of 18 comes into contact with the justice system because they are suspected or accused of having committed a crime.

A child may conflict with the law if they commit minor offenses such as vagrancy, begging or alcohol consumption, or serious/heinous crimes such as rape or murder. Sam, who lives with his mother and father, has witnessed extreme violence between his parents since he was four years old. When Sam was 11, his parents decided to dissolve their marriage and they were involved in complex divorce proceedings in family court. After reviewing the parents` history of extreme abuse and substance abuse, the court decided that Sam should be removed from his parents and placed in alternative care. The location of Sam`s home forces him to change schools. This means that Sam not only loses daily contact with his parents, but also with his friends, teachers and football team. Sam finds a new friend in the apartment and together they start skipping school, drinking alcohol, and breaking into cars to steal. Eventually, the property manager observes this behavior and reports Sam and his new friend to the police. Sam is accused of breaking into a motor vehicle and, as he is over the age of criminal responsibility in his country, he faces criminal sanctions. (a) if the child in conflict with the law is not entitled to diversion; Many children become entangled in social services because of deficits. In many jurisdictions, children who are in conflict with the law due to adverse circumstances may be detained in closed institutions as an alleged social protection measure, even if the child`s actions do not constitute a material violation of criminal law. Various euphemisms are used to describe “preventive custody” or “safe welfare” and, in many cases, children accused of breaking the law are remanded simply because they do not have the support and supervision to comply with bail conditions.

In cases where family, community or social services do not provide children with the support they need, the justice system can intervene in the breach. If, upon first contact, it is determined that the child is 15 years of age or younger, the barangay or law enforcement agency, in consultation with the local social affairs and development officer, has an obligation to immediately return the child to his or her parents or guardian or, failing that, to the child`s next of kin. The child is the subject of a community intervention programme, unless the best interests of the child require that the child be referred to a youth care facility or “Bahay Pag-asa”. The minimum age for admission of children to the Bahay Pag-asa is 12 years (art. 8). Building on the growing inability of young children to understand the seriousness of their unlawful acts, international law provides guidance to States on the importance of setting a minimum age of criminal responsibility to ensure that young children are protected from the rigors of the criminal justice system. (c) if, after reviewing the social worker`s assessment and recommendation, the prosecutor determines that diversion is not appropriate for the child in conflict with the law. (n) If, during the preliminary examination, it is necessary to ask clarified questions about the child, the rule relating to the questioning of a child witness shall apply. Article 21 Filing of information. – If the investigating prosecutor finds a probable reason to keep the child in conflict with the law for trial, the relevant decisions and information will be prepared for approval by the provincial or municipal prosecutor. A copy of the approved decision and the information shall be made available without delay to the child and to the competent mother, father or guardian or, failing that, to the child`s next of kin and the child`s private legal adviser or lawyer by the Public Prosecutor`s Office.