Download presentation
Presentation is loading. Please wait.
1
The Children Court of Trinidad and Tobago
Presented by the Honourable Madame Justice Gail Gonzales
2
Pre Children Court No dedicated building or courtroom for children matters Long waits for Probation Officers Reports No probation officers or other resources dedicated to Children No psychological assessment before sentencing or sanctioning No risk assessments Status offences No multi disciplinary approach No court annexed programs No evidence based solutions Complicated and seldom used procedure for early release from YTC or an Industrial School
3
FAMILY AND CHILDREN DIVISION ACT NO 6 OF 2016
Provides the administrative framework for Children Court It is this act that lifted the jurisdiction of the summary courts and placed it in the high court creating a unique entity called the Children Court It also removed the summary jurisdiction in family matters in the St George West district from the Magistrates Court and placed it in the Family Court.
4
Section 25 of the FCD Act Former Magisterial Jurisdiction
Children Court Jurisdiction Original High Court Jurisdiction CHILDREN COURT
5
THE PARALLEL JURISDICTIONS OF THE CHILDREN COURT
Former Magisterial Jurisdiction Summary Trials Preliminary Enquiries CHINS Applications Domestic Violence Applications First Instant warrants Search Warrants Children Court Jurisdiction Post Sentence Monitoring Sentencing Review Counselling in Criminal Matters Psychological Assessments Social Workers Conduct Money Peer Resolution Drug Treatment Process Community Residences The original High Court Jurisdiction Trial on Indictment Wardship Care Matters Civil Matters involving children, including injunctions Judge’s Warrants
6
The Children Court Who does what? Judge or Master
Masters Conduct Preliminary Enquiries Indictable offences to be dealt with summarily when ordered by a judge Conduct and determination of matters laid on complaint Applications pursuant to section 50(a) of the Children Act (CHINS) Applications pursuant to section 25 of the Children Authority Act Applications for bail
7
The Children Court Who does what ?Judge or Master
Any and all matters coming to the Court including civil matters All matters on information goes to the judge Judge gives the election if it is deemed expedient to do so Determines whether to hear and determine the matter or send it to a Master Determination is in the sole discretion of the judge but likely to exercise the discretion in favour of keeping the matter if it is serious or a matter which an adult would not have had summary trial
8
The Children Court Procedure for Indictable Trials
Same procedure for holding a PE under The Preliminary Enquiry (Indictable Offences Act) Charge read to the child Nature of charge explained to the child Child informed he is not required to plead Procedure for dealing with the matter explained to the child Pre hearing review where case management is done Preliminary enquiry conducted Committed to stand trial before a judge of the Children Court
9
The Children Court Procedure for Summary Trial
Procedure for summary trial of indictable matters set out in section 99 of the Summary Courts Act Same procedure as before except that the child is asked whether he wants trial by a judge and jury or trial but judge alone. All trials held in the Children Court as the court is one of superior record In most if not all cases the Court would offer summary trial as the court has a wide range of sentencing options to deal with an offence as trivial as begging to as serious as murder. Murder and manslaughter remains triable on indictment only
10
Children Court Procedure for Summary trial
Verification of particulars of child Charge read to the child Nature of the offence explained to the child Judge alone determines whether the child should be given the option of summary trial Trial by jury explained to the child Summary trial explained Child asked to elect mode of trial upon consultation with attorney The nature of a plea is explained Child is asked to plead
11
The Children Court Pleas
On a plea of guilty DPP may or may not read facts Once facts are read the child is asked if he admits the facts If he admits the facts proceed to disposal If he denies the facts plea of not guilty entered and goes to trial On admission of facts Plea In Mitigation DPP makes recommendation for disposal If there is a victim Court requests (Victim impact statement to be read)
12
The Children Court- Disposal
Adjourned for Pre Sentencing Report from Child Probation Officer Psychosocial report Psychological assessment Full YLSCMI -Youth level service case management inventory Disposal Child Probation officer assigned to Monitor Compliance May have monitoring hearings at which compliance reports are submitted Children who do not have scheduled monitoring hearings may be brought back on the filing of a notice of non compliance
13
The Children Court Wide range of disposal options
Peer Resolution Drug Treatment Process Probation Community Service Auxiliary Programs Supervision by the Children’s Authority of Trinidad and Tobago Monitoring and supervision by the Court Placement at the Youth Training Rehabilitation Centre (YTRC) with a care plan addressing the needs of the child
14
The Children Court Severance
Where a child is jointly charged with an adult, the charge must be severed if the Children Court is to assume jurisdiction. An application for severance must be made at the Children Court DPP will be served with application On the appearance of DPP both sides would be heard and if the Court is satisfied that there is case for severance the order would be granted with directions
15
The Children Court Severance con’t
The order is served on the Clerk of the Peace of Magistrates Court . The matter is transferred and parties summoned to appear at the Children Court If the application is dismissed matter stays in the Magistrates Court
16
The Children Court On turning 18
If a child turns 18 matter can still be dealt with at Children Court at the discretion of the JO All court monitoring stops at 18 If an adult breaches an order made when a child, breach dealt with at the Children Court If committed for trial by Children Court, indictment may be at the Children Court If sentenced 18 or over sentence to be served at State prison If sentenced while a child on turning 18 review hearing to transfer to state prison
17
The Children Court Challenges
Attorneys uncertain how to address judicial officers Masters addressed as Master Judge My Lord, My Lady / Not your honour or your worship Court not unanimous on the stance of practitioners when addressing the Court Most judicial officers allow attorneys to sit except for trials , some others insist that attorneys stand at all times in addressing the Court ( which is consistent with established practice.
18
The Children Court Challenges
Greatest Challenge is having files submitted to the DPP in a timely manner. Once the file reaches DPP very often they appear ready to proceed . Very Junior attorneys on both sides – Court does not have the benefit of proper assistance in dealing with matters. Most of the attorneys for the defence are legal aid , even if attorneys are privately retained they refuse to take the brief to come to Children Court to do one matter. Because of how the Court is set up junior attorneys do not get the benefit of more experienced attorneys at the bar
19
The Children Court Challenges
No assigned or allocated court room in Tobago Because of infrastructural issues charge cases in Tobago are not always dealt with expeditiously If you miss your allotted time there may be difficulty in finding an available room to hear the matter at an unscheduled time Not enough room for multiple accused/defendants , parents and victims. NB: To be robed only for trial of an indictment
Similar presentations
© 2025 SlidePlayer.com Inc.
All rights reserved.