BRIDGETOWN, Barbados, CMC – The Barbados government Friday said that a child under 12 cannot be “deemed capable of being criminally responsible” as it seeks to harmonize the child protection legislation along with child justice legislation.
Home Affairs and Information Minister, Wilfred Abrahams, told a news conference that to remove all uncertainty and all the other factors that come into play and arguments made under the new Child Protection Act, “the cut-off line under this legislation will be 12.
“No child under the age of 12 can be deemed capable of being criminally responsible,” he told reporters, adding, “that does not mean that a child can commit a crime or an offense and run free.
“But in terms of the criminal proceedings, you can’t institute criminal proceedings against a child,” Abrahams said, adding that the new legislation was drafted to fully comply with the various conventions that Barbados is a signatory to the rights and protection of children.
“These include the United Nations Convention on the Rights of the Child, Universal Declaration of Human Rights, United Nations Standard Minimum Rules for the administration of juvenile justice, United Nations Rules for the protection of juveniles deprived of their liberty, and United Nations Guidelines for the prevention of juvenile delinquency.”
The age of criminal responsibility is 11 years, and Abrahams said that the new legislation also speaks to the fact that the law court or anyone performing functions under the provision of the Child Protection Act should be guided by the fact that the safety, welfare, and wellbeing should be the paramount consideration.
“I started by saying that we want to harmonize the child protection and justice legislation. If a child under 12 is engaging in behavior that would be strictly criminal, then you have to look at the circumstances of that child. And although you can’t prosecute them for it, the state has to be able to take protective measures in the best interest of the child,” he added.
Abrahams told reporters that the Child Justice Bill 2022, to be laid in Parliament soon, also indicates that a child will be allowed to respond before any decision affecting their life.
“A child shall be addressed according to age, maturity, and intellectual development. A child shall be treated in a manner that considers his beliefs, and all procedures to be carried out under this act should be conducted and completed promptly.
“The parents and families of a child should have the right to assist the child in proceedings under this act, and wherever possible, to participate in decisions affecting the child.”
He said all consequences arising from the commission of the offense by a child should be proportionate to the circumstances of that child, the nature of the crime, and the interest of society. A child should not be treated more severely than adults in the same circumstances.
Abrahams said a child lacking family support and educational opportunities should have equal access to available services. Every effort should be made to ensure the child receives equal treatment as other children who have committed similar offenses.
He said that at multiple stages of the process, there would be opportunities for diversion from the strict legal services to an avenue that encourages rehabilitation and seeks to guide the child through a solution that does not subject them to a full trial and incarceration.
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