Don’t charge kids

As he opened the new Law Term, the Chief Justice said the rules will uphold the following principles as a matter of priority: 1) unless the public interest requires otherwise, criminal proceedings shall not be instituted or continued against a child if there are alternative means of dealing appropriately with the matter; 2) family relationships between a child a members of his or her family shall be preserved as far as possible and where appropriate; 3) all decisions regarding the child shall be based on the consideration that they shall be in the best interest of the child unless the public interest requires otherwise; 4) a balanced approach is to be taken between the needs of the child, the rights of any victims, and the interest of the community; 5) due regard is to be have to the views and voice of the child consistent with his or her age; 6) there is to be equality of treatment regardless of socio- economic status, race, sexual orientation, religion or family situation; 7) parents, guardians or persons with responsibility for a child should be encouraged to fulfil their roles and responsibilities for the care and supervision of the child; and 8) it is desirable that a child who commits and offence must bear responsibility for his or her actions and where possible make reparation while also being assisted with their re-integration into the community so as to sustain family and community ties.

“These rules are very comprehensive,” the Chief Justice said, addressing a ceremonial sitting of court at the Hall of Justice.

“In previous addresses I have referred to the historical deficiencies that have persisted in respect of children in the criminal justice system. The development of Judges Rules aimed specifically at children is an attempt to address that lacuna and bring us in line with our international treaty obligations regarding the rights of children, the preservation and protection of their dignity and their interests having regard to their particular vulnerabilities.” Archie further said, “We are talking about the judges initiating a culture change in the way we interface with power so where better to start than with our most vulnerable?” The DPP has the ultimate discretion on whether to institute criminal proceedings, Archie however noted. He listed the Office of the DPP among the entities that provided input into the new rules. Aside from the DPP’s power to initiate charges, the rules also touch on initial engagement, questioning, stop and search, the conduct of identification parades, and the obtaining of statements from children.

In a far-ranging address the Chief Justice once more called for the abolition of trial by jury; said previously announced criminal procedure rules will have a substantial impact on the slow pace of criminal justice; lashed back at critics, throwing shade at radio and social media commentators and even, at one point, fellow judges; described the Vindra Naipaul-Coolman case as “a total disaster”; defended the hosting of a judicial retreat at Tobago and alluded to past criticism over his travel by sardonically saying he stayed home to work on the new children’s rules, in the process avoiding the racking-up of frequent- flyer miles.

In relation to criminal proceedings, the Chief Justice once more expressed displeasure at the pace of justice saying it was “simply unacceptable”. But he said his hands were tied.

“Don’t blame me,” Archie said, in a speech in which exasperation was evident. “We are simply at the limit of our current capacity.” Though he did not mention the case by name, he alluded to the Vindra Naipaul-Coolman trial, the country’s longest and most expensive. Saying he was not criticising the presiding judge Justice Malcolm Holdip – who sat behind him at the Convocation Hall yesterday – the Chief Justice said the case was a disaster which came about as a result of a “systemic failure”. He cited the case as an example of why trial by jury should be abolished.

“We can’t let some of the members of the profession hijack this debate,” Archie said, saying there is no explicit right to trial by jury but rather to impartial due process.

“Read your Constitution.” Archie said new limits on the size of bundles and compulsory paper proceedings for procedural appeals are to be introduced.

On the plan to give the Judiciary financial independence, he said this must be gradual and some delegation of duties had begun.

However, he envisioned total independence by 2018.