Children and criminal responsibility
Under 18 |
Considered a child
Where a person appears to be under 18 years of age, he or she enjoys the rights of a child until evidence can be produced that proves she or he has reached 18 years of age.46 (Child Rights Law (2019) § 79) A child has all the rights of an accused adult plus additional rights and safeguards, such as the right to be tried in a juvenile court or directed towards diversion.47 (Child Rights Law (2019) §83(a).) |
10 or 11
|
Cannot be found guilty of an offence if he or she has not developed enough maturity to understand the nature and consequences of his or her actions at the time of the offence.48 (Child Rights Law (2019) §78 (b)) |
Under 10 |
Must not be charged with an offence.49 (Child Rights Law (2019) §78(a)) |
Arrest
The arresting officer must explain the reasons for arrest and the offence in a manner that is understandable to the child.50 (Child Rights Law (2019) §80(b))
A child should not be placed in handcuffs or similar restraints during arrest.551 Child Rights Law (2019) §80(d)
Police officers must not threaten or maltreat a child during arrest.52 (Child Rights Law (2019) §80(c)) The child’s guardian or parent must be informed of the arrest immediately.53 (Child Rights Law (2019) §80(g)) The parents, guardians, relatives and lawyer of the child shall be allowed to meet with the child.54 (Child Rights Law (2019) §80(g))
Transport, detention, and bail
A child cannot be detained or transported together with an adult prisoner.55 (Child Rights Law (2019) §80(f))
Female children should be supervised by female prison staff.56 (Child Rights law (2019) §80(f))
Children shall not be held in police custody or prison.57 (Child Rights Law (2019) §80(e); §83(e))
Where possible children shall be released to their parent(s) or guardian(s).58 (Child Rights Law (2019) §83(c)-(d))
A child may also be placed, as a last resort, in a Temporary Care Station.59 (Child Rights Law (2019) §83(c)-(d))
A child is eligible for bail regardless of the offences charged.60 (Code of Criminal Procedure §497 (1))
Court proceedings
If the diversion process is not taken, then the child shall be sent to juvenile court without delay.61 (Child Rights Law (2019) §80(i))
The juvenile court proceedings shall be conducted in a separate court or building from adult proceedings.62 (၂၀၁၉ ကလေးသူငယ်ဥပဒေပုဒ်မ ၈၄(ခ)။)
Juvenile proceedings must be heard promptly.63 (Child Rights Law (2019) §84f())
Juvenile court hearings must prioritise the best interests of the child in fairly adjudicating the case.64 (Child Rights Law (2019) §83(d))
The court shall allow parents or other suitable persons to make applications and statements as part of the accused child’s defence on her or her behalf.65 (Child Rights Law (2019) §84(c))
Juvenile court proceedings are not open to the public. The court shall allow parents, guardians, relatives, and those concerned with the case proceedings, such as witnesses and court staff. The judge has discretion to allow other individuals to attend court proceedings.66 (Child Rights Law (2019) §84(b))
The court shall not allow information on juvenile cases to be reported in the media except in the best interest of the accused child.67 (Child Rights Law (2019) §85(b))
Child victims and witnesses also have special protections under the law, including the right to privacy.68 (Child Rights Law (2019) §96(a)-(e))
Sentencing
If a child is found guilty of a criminal offence, the judge shall make a ruling aimed at serving the best interests of the child and reforming his or her character.69 (Child Rights Law (2019) §87)
The judge must take special consideration of age, character of the youth, his or her physical and mental condition and other circumstances during sentencing.70 (Child Rights Law (2019) § 87(a)-(f))
The juvenile court shall not impose a prison sentence normally.71 (Child Rights Law (2019) § 88 (a))
The goal of sentencing in juvenile court is to reform the child’s character, not to punish.72 (Child Rights Law (2019) §88(a); For more on punishment, see Child Rights Law (2019) §88(c); §89)
Diversion
Several factors may determine eligibility for the diversion process. These include the nature of the alleged offence, age, mental development and maturity, history of criminal convictions, and whether or not the child poses a safety threat to the community.73 (Child Rights Law (2019) §3(n); §71(a)(i)-(vii))
The diversion process may include various actions intended to encourage rehabilitation of the accused child, this may include admonishment, victim compensation, counseling, working for social services for the benefit of the local community.74 (Child Rights Law (2019) §75(b)(i)-(ix).)
The diversion programme may also involve the removal of the child from custody of his or her parents into a temporary home or alternate care facility if that is in the best interest of the child.75 (Child Rights Law (2019) §75(b)(vii))
If the diversion process is not taken, then the child shall be sent to juvenile court without delay.76 (Child Rights Law (2019) §80(i))
Children in prison
Children must be kept separate from adults in prison, receive regular medical checkups, be granted regular access to visitors, and be provided with educational opportunities.77 (Child Rights Law (2019) §93(a),(c),(f), and (g).)
Children shall not be subject to hard labour or detention camps while in prison.78 (Child Rights Law (2019) § 93 (e))