Age shall be determined on basis of accused person’s birth certificate, educational certificates or any other pertinent documents. Investor Information Juvenile justice, as conceptualized in the Convention on the Rights of the Child and other international instruments, is predicated on the adjudication of children's cases with a view to their rehabilitation and early reintegration into their communities. A female juvenile shall only be kept in a Juvenile Rehabilitation Centre established or certified exclusively for female inmates. JJSA has attempted to deal with this issue. If you continue to use this site we will assume that you are happy with it. 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. However, all this depends on proper implementation of these provisions. These provisions will go a long way in re-integrating delinquent juveniles into society and improving Pakistan’s compliance with international human rights standards. 5) Disposal of cases through diversion: this is an alternative process of determining the responsibility and treatment of a juvenile on the basis of his social, cultural, economic, psychological and educational background, without resorting to formal judicial proceedings. Furthermore, JJSA distinguishes between minor and major offences and both of these are treated as bailable offences for the purpose of acquiring bail. 1.3 Scope: This study mainly focuses on criminal prosecution at the lower courts level. The legal basis of the criminal justice system are the Code of Criminal Procedure (CrPC), 1898, Pakistan Penal Code (PPC), 1860, and the Qanun-e-Shahadat Order (QSO), 1984, which lay out the foundations, procedures and 10) Removal of disqualification attached with conviction: A juvenile offender convicted under the provisions of JJS Act 2018 shall not suffer a disqualification, if any attaching to a conviction of an offence under such law. Section 23 of the Act states that the provisions of the law will have an overriding effect notwithstanding anything contained in any other law for the time being in force. Research Methods in Criminology 5. Goals include the rehabilitation of offenders, preventing other crimes, and moral support for victims. For major offences, diversion can only be exercised if the age of the juvenile is not more than 16 years. JJS Act 2018 classifies the criminal offences into following three different categories: 1) Minor, which means an offence for which maximum punishment under the Pakistan Penal Code, 1860 is imprisonment for up to three years with or without fine. The JJSA 2018 is very different from JJSO 2000, and the following are some of its salient new features. Criminal Justice System of Pakistan 4. Q. SENATE OF PAKISTAN Developing a protective environment for South Asian children: the role of parliamentarians in the protection of children in the juvenile justice system Regional parliamentary seminar hosted by Parliament of On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. A perusal of case law under JJSO shows that there are two category of cases. the police, judiciary, prisons, prosecution, probation and parole. 11) Preventive Detention: No child shall be arrested under any of the laws dealing with preventive detention or under the provisions of chapter VIII of the Code of criminal procedure. Police officers have lots of discretion when it comes to how they handle a … The complaint against a juvenile shall be referred to the Juvenile Justice Committee for disposal through diversion. Function Juvenile police officers are part of the juvenile justice system, created to deal with the problems of delinquency. The first category of cases was also strengthened by the fact that Section 14 of the JJSO did not curtail or limit the power of Anti-Terrorism Courts pertaining to a child’s trial but clarifies that the provisions of the Ordinance shall be in addition to and not in derogation to any other law for the time being in force. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time; (c) Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. Lack of implementation of key provisions of JJSA 2018 will ultimately render the legislation ineffective and will deprive young offenders from their constitutional right of fair trial. All offences, either minor or major, shall be compoundable for purpose of diversion. Before delving into the merits of JJSA, it is first important to highlight the legal challenges that arose out of the operation of the JJSO. The writer is an Advocate of the High Court and a Child Rights Activist. A juvenile of less than sixteen years of age is entitled to bail in heinous offences, but a bail is on discretion of court if juvenile is more than sixteen years of age. 35 - 50 The Prison System in Pakistan Muhammad Masood Khan Abstract The present structure of the Prison system in Pakistan can be traced back to justice system in Pakistan but primary data is collected from the province of Sindh, particularly Karachi. Pakistan came into being in 1947, their nomenclature were changed as the Pakistan Penal Code (XLV of 1860), the Code of Criminal Procedure, 1898 (V of 1898) and the Evident Act, 1872 (1 of 1872) to deal with the offenders. With this backdrop in mind, it is crucial that laws relating to juveniles should be focused on disposal of cases through diversion and social-integration of juvenile offenders and for a law to provide specific procedures to carry out the same so that these processes can be carried out in an effective manner and in the best interest of the child. 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