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    Salient Features of Juvenile Justice System Act 2018

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    Khalil Ahmed
    The Juvenile Justice System Act 2018 aims to modify laws relating to the criminal justice system for juveniles in Pakistan. It focuses on diverting juvenile cases and reintegrating juvenile offenders through social means rather than punishment. Some key points of the act include establishing exclusive juvenile courts, providing legal assistance to children, diverting minor cases away from courts, determining ages of accused juveniles, and protecting identities of juvenile offenders.

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    Salient Features of Juvenile Justice System Act 2018

    Uploaded by

    Khalil Ahmed
    148 views12 pages
    The Juvenile Justice System Act 2018 aims to modify laws relating to the criminal justice system for juveniles in Pakistan. It focuses on diverting juvenile cases and reintegrating juvenile offenders through social means rather than punishment. Some key points of the act include establishing exclusive juvenile courts, providing legal assistance to children, diverting minor cases away from courts, determining ages of accused juveniles, and protecting identities of juvenile offenders.

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    Juvenile Justice System Act 2018

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    The Juvenile Justice System Act 2018 aims to modify laws relating to the criminal justice system for juveniles in Pakistan. It focuses on diverting juvenile cases and reintegrating juvenile offenders through social means rather than punishment. Some key points of the act include establishing exclusive juvenile courts, providing legal assistance to children, diverting minor cases away from courts, determining ages of accused juveniles, and protecting identities of juvenile offenders.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    148 views12 pages

    Salient Features of Juvenile Justice System Act 2018

    Uploaded by

    Khalil Ahmed
    The Juvenile Justice System Act 2018 aims to modify laws relating to the criminal justice system for juveniles in Pakistan. It focuses on diverting juvenile cases and reintegrating juvenile offenders through social means rather than punishment. Some key points of the act include establishing exclusive juvenile courts, providing legal assistance to children, diverting minor cases away from courts, determining ages of accused juveniles, and protecting identities of juvenile offenders.

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    JUVENILE SYSTEM

    ACT 2018
    JUSTICE
    JUVENILE JUSTICE SYSTEM ACT 2018
    The object of this Act is to modify the laws relating to criminal justice
    system for juveniles by providing special focus on disposal of cases through
    diversion and social reintegration of the juvenile offenders.

    Child means for the purposes of this Act a person who has not
    attained the age of eighteen years;

    Diversion means an alternative process of determining the


    responsibility and treatment of a juvenile without resorting to formal
    judicial proceedings;

    Juvenile Offender means a child who is alleged to have


    committed or who has been found to have committed an offence;

    Heinous Offence means an offence which is serious, gruesome,


    brutal, sensational in character or shocking to public morality and
    which is punishable under the Pakistan Penal Code, 1860 with death or
    imprisonment for life or for more than seven years with or without fine;

    "Best interest of the child" means the basis for any decision
    taken regarding the child to ensure fulfillment of his basic rights and
    needs, identity, social well-being, physical, emotional and
    psychological development;

    Major offence means an offence for which punishment under the


    Pakistan Penal Code, or any other law is more than three years and upto
    seven years imprisonment with or without fine;

    Minor Offence means an offence for which maximum punishment


    under the Pakistan Penal Code or any other law is imprisonment up to
    three years with or without fine

    JUVENILE JUSTICE SYSTEM ACT 2018 01


    SALIENT FEATURES OF THE LAW
    Free Legal Assistance for Children
    (1) Every juvenile or a child who is victim of an offence shall have the
    right of legal assistance at expense of the State.

    A juvenile (He /She) shall be informed about his rights available


    under the law by a legal practitioner within twenty four hours of
    taking him into custody.

    A legal practitioner appointed by the Government or by the Juvenile


    Court shall have at least seven years standing at the Bar.

    Establishment of Exclusive Juvenile Court


    (1) The Government in consultation with the concerned High Court shall
    [by notification in the official Gazette] establish or designate one or
    more Juvenile Courts, within a period of three months of the
    commencement of this Act.

    (2) A Juvenile Court may be established for one or more sessions


    divisions and that case the Juvenile Court may hold trial of a case at
    such place as the High Court may specify.

    (3) No person shall be appointed as a Judge of a Juvenile Court unless he


    /she is or has been a Sessions Judge or an Additional Sessions Judge or
    a Judicial Magistrate.

    (4) All cases pending before a trial court in which a juvenile is accused of
    an offence shall stand transferred to the Juvenile Court having
    jurisdiction.

    (5) On taking cognizance of an offence, the Juvenile Court shall decide


    the case within six months.

    02 JUVENILE JUSTICE SYSTEM ACT 2018


    (6) Where the case is not decided within six months in terms of sub-
    section the Juvenile Court shall seek extension from the High Court
    concerned explaining the reasons for not being able to decide the case
    within prescribed time-limit. If no such extension has been sought by
    the Juvenile Court, the complainant or the juvenile may make an
    application to the High Court in this respect.

    (10) The Juvenile Court may hold its sitting at a place, other than the
    place in which the ordinary courts hold sittings for trial of other
    cases.

    Process of Arrest
    (1) The arrested juvenile shall be kept in an observation home and the
    officer-in-charge of the police station shall, as soon as possible,
    (a) inform guardian of the juvenile; and the concerned probation
    officer to enable him to obtain such information about the
    juvenile;
    (b) No juvenile shall be arrested under any of the laws 'dealing with
    preventive detention or under the provisions of Chapter VIII of
    the Code.
    (c) The report under section173 of the Code shall also describe the
    steps taken by the officer-in-charge for referring the matter to
    the Juvenile Justice Committee for disposal of case through
    diversion, where it was so required under Section 9.

    Release of a Juvenile on Bail


    n A juvenile accused of bailable .offence shall be released by the
    Juvenile Court on bail with or without surety unless it appears that
    there are reasonable grounds for believing release of such juvenile
    may bring him in association with criminals or expose him to any
    other danger.

    JUVENILE JUSTICE SYSTEM ACT 2018 03


    n Where a juvenile of more than sixteen years of age is arrested or
    detained for a heinous offence, he may not be released on bail if the
    Juvenile Court is of the opinion that there are reasonable grounds to
    believe that such juvenile is involved in commission of a heinous
    offence.

    Investigation in juvenile cases by senior police officer


    A juvenile shall be interrogated by a police officer not below the rank of Sub
    Inspector under inspection of Superintendent Police and assisted by a
    probation officer or social welfare officer.

    Determination of age by the police


    The officer-incharge of the police station or the investigation officer shall
    make an inquiry to determine the age of such person on the basis of his birth
    certificate, educational certificates / medical certificate or any other
    pertinent documents. 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.

    Disposal of cases through diversion


    The Juvenile Justice Committee shall dispose of a case, with consent of the
    person against whom the offence was committed, by resorting to different
    modes of diversion.

    Establishment of Juvenile Justice Committee


    On commencement of this Act but not later than three months, the
    Government in consultation with the concerned Sessions Judge shall
    establish the Juvenile Justice Committee for each sessions division. The
    Committee shall consist of four members namely serving Judicial
    Magistrate, district public prosecutor; member of local Bar having at least
    seven years standing at the Bar, serving probation officer or social welfare
    officer.

    04 JUVENILE JUSTICE SYSTEM ACT 2018


    Procedure of Juvenile Court
    (1) Juvenile Court shall follow the procedure provided for in the Code
    unless provided otherwise in this Act.

    No person shall be present at any sitting of the Juvenile Court, except


    staff and officers of the Juvenile Court; parties to the case before the
    Juvenile Court, the police officers; guardian; and such other persons
    as the Juvenile Court directs to be present.

    The Juvenile Court may direct any person to withdraw from Court;
    the Juvenile Court may dispense proceed with the trial of the case in
    absence of the juvenile. When a juvenile is found to be suffering from
    serious illness, whether physical or mental and requires treatment, the
    Court shall send such juvenile to a hospital or a medical institution
    where treatment shall be given to the juvenile at the expense of the
    State.

    Trial of Juvenile with Adult Person


    No juvenile may be charged with and tried for an offence together with an
    adult.

    In case of joint trial, the Juvenile Court may dispense with the physical
    presence of the juvenile before it without any application in this regard and
    juvenile may be allowed to join the-Court proceedings through audio-visual
    technology link.

    Disclosure of Identity of the Juvenile


    Whoever prints or publishes the name or any matter which may make
    known identity of a juvenile shall be punished with imprisonment of either
    description for a term which may extend to three years and shall also be
    liable to fine.

    JUVENILE JUSTICE SYSTEM ACT 2018 05


    Report of Probation Officer
    The probation officer shall assist and prepare a report on direction of
    the Juvenile Court regarding juvenile's character, educational, social and
    moral background; juvenile's admission of committing an offence, if any,
    has been made with free consent and voluntarily. Steps taken for mediation
    or compromise with the complainant or victim and possibility of settlement;
    and possibility of sending the juvenile to Juvenile Rehabilitation Center or
    release on probation.

    Powers of Juvenile Court to Order for Release


    The Juvenile Court may pass an order for release of the juvenile offender
    after the victim or complainant, as the case may be, pardons him;

    Provided that the Juvenile Court may refuse to release the juvenile offender
    if it considers that such release is against the public policy or the interests of
    the State;

    (a) pass an order for the community service, fine, compensation to


    the victim or complainant, restitution of property, counseling;

    (b) direct the juvenile offender to be released on probation for good


    conduct and place such juvenile offender under care of a
    guardian or any suitable person or such Juvenile Rehabilitation
    Center established or certified for the purposes of this Act for
    any period not exceeding the period of confinement awarded to
    such juvenile;

    (c) direct the probation officer to submit probation report in


    prescribed manner: Provided that if a juvenile offender violates
    the conditions on probation, the Juvenile Court may pass any
    order as it may think fit, including cancellation of probation
    order; or

    06 JUVENILE JUSTICE SYSTEM ACT 2018


    (d) make an order directing the juvenile offender to be sent to a
    Juvenile Rehabilitation Center until he attains the age of
    eighteen years completes the period of imprisonment.

    Orders that Shall not be Passed with Respect to a Juvenile


    n punishment of death.
    n be ordered to labor, put fetters, Special Provision for
    handcuffed or given any Female Juveniles
    corporal punishment at any
    time while in custody: Shall not be apprehended
    or investigated by a male
    n For reasonable apprehension police officer or released
    of the escape of the juvenile on probation under
    offender from custody who is supervision of a male
    more than sixteen years of age officer.
    and involved in heinous
    offence, he may be handcuffed Shall only be kept in a
    or put into a solitary Juvenile Rehabilitation
    confinement in a Juvenile Center established/
    Rehabilitation Center or certified exclusively for
    observation home for a period female inmates.
    not exceeding twenty-four
    hours.

    Establishment and Certification of Observation Homes and


    Juvenile Rehabilitation Centers
    (1) The Government may establish and maintain observation homes and
    Juvenile Rehabilitation Centers for the reception of juveniles,
    including separate centers for female juveniles;
    (2) The Government may certify an observation home or a Juvenile
    Rehabilitation Center managed or controlled by a non-governmental
    organization for reception of juveniles.

    JUVENILE JUSTICE SYSTEM ACT 2018 07


    (3) The Government may certify an already established association or
    society in any local area for social reintegration or rehabilitation of a
    juvenile offender

    Inspection of Observation Homes and Juvenile


    Rehabilitation Centers
    A member of the Juvenile Justice Committee with prior approval of head of
    the Committee or an officer authorized by the Government, may inspect an
    observation home or a Juvenile Rehabilitation Center.

    Act to override other laws - The provisions of this Act shall have over riding
    effect notwithstanding anything contained in any other law for the time
    being in force.

    Recommendations
    n Section 6 of the Act deals with the 'Release of Juvenile on Bail', but
    according to Section 6(4), a juvenile may not be released on bail if he
    is more than 16 years of age and arrested for any heinous offence. It
    creates confusion with regard to fixation of age and its further
    classification especially if read together with Section 15 of the Act
    which provides Power of Juvenile Court to issue order for release but
    is silent concerning juvenile of more than 16 years arrested for any
    heinous offence.

    n Section 4 of the Act deals with the establishment of juvenile court and
    Section 12 provides a separate trial of a juvenile with an adult with
    exceptions.

    08 JUVENILE JUSTICE SYSTEM ACT 2018


    www.sparcpk.org
    Islamabad
    House # 98, Street # 05,
    MPCHS, E-11/1, Islamabad
    Tel: +92 51 216 3011-12
    E-mail: islamabad@sparcpk.org

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