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Independent study 1

ID-100331967

Do the Rights of the Children under International Convention and


Domestic laws affect

the Criminal Justice System?

A critical evaluation of the effectiveness of the rights of the child


in the criminal justice system with reference to Bangladesh and
United Kingdom (UK) Jurisdiction.

This paper will discuss and evaluate the rights of children in conflict with
law under the International Convention and domestic laws of Bangladesh
and UK. It will also provide descriptions in which extend these rights are
protecting children from the Criminal Justice system. Then it will also
provide a comparison between the laws of Bangladesh and UK and argue
whether they are properly following the International Convention laws or
not. It will also include whether any new ground is required to protect the
rights of child in conflict with law in both of this countries.

Children are the most vulnerable component of the earth and covered
almost 50% of the population1. Because of their nature they can be easily
manipulated and are particularly vulnerable to all kind of influence both
physical and mental. And because of their nature they can be easily come
into contract and conflict with law. When a Child comes into conflict with
law under a particular age, its called juvenile delinquency2. According to
dictionary meaning Juveniles means a person who has not reached the
age to consider as an adult by the criminal justice system 3. The juvenile
delinquency poses a number of difficulties on the criminal justice system

1 J Symonides, Human Rights Concept and Standards, (UNESCO, 2000), P-260


2 Dr. N Ferdousi, Juvenile Justice System In Bangladesh,(1st end, Academic Press
and Publishers Library,2012),p-13
3 The Blacks Law Dictionary,(Eighth end, 2008) p-884

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ID-100331967

as it operated on the basis of equality before the law. 4 This equality law
should not be confused with the human right equality concept. Equality in
criminal justice system means each and every person is entitled to same
punishment for the same offence 5. Criminal justice system deals with the
guilt of the offender on the offence he commit and its aim to provide the
punishment and prevent the offender rather than rehabilitate the
offender6. But the object of the juvenile justice system is to rehabilitate
the offender rather than punished.

For many centuries the consequence leads that the children who come
into conflict with law were to be treated in the court by general legal
criminal system and gave punishment as the adults 7. However, at the end
of the nineteenth century many reformer points out that by prosecuting
and keeping children in jail with adults, states were producing expert
criminals.8 By acknowledging the result, the English common law
established that those between the age of seven and fourteen regarded
as being incapable of forming criminal intent and consider as child 9 as it
require Actus reus (the criminal act), Mens rea (Intention to commit the
4 Canor Hanly, Dublin University Law Journal, Child offenders: the changing
response of Irish law (1997)
5 ibid
6 S Malik, The Children Act 1974: A critical commentary (1st end, Save the UK,
2004), P-vi
7 Dr. N Ferdousi, Juvenile Justice System In Bangladesh,(1st end, Academic Press
and Publishers Library,2012)
8 S Malik, The Children Act 1974: A critical commentary (1st end, Save the UK,
2004), P-30
9 M Bulbul Ahmed and M Raisul Islam, Bangladesh Research Publication Jurnal,
Treatment of Juvenile Offenders: Bangladesh Perspective, Volume4[2010]

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ID-100331967

criminal act) and the chain of causation (inter relation between the act
and intention to commit the act)10 to construct a crime. At the age of
fourteen, they were treated as adult and can be imprisoned alongside the
adult.11

For proper application of this theory the first juvenile court is found in
Chicago, USA 1899, which separately deals with the children who come
into conflict with the law.12 The Juvenile Justice system was founded on the
believe of parens patriae roughly translated in to state as parents13.The
state played a role as a parents by the juvenile court when parents are
deem incapable or unwilling to controlled their children 14. After that many
country has establishes juvenile justice system in their jurisdiction to
properly deal with the children who come into conflict with law.
For the protection of children, a limited number of standards were
recognised in the Universal Declaration of the Human Rights 1948 towards
the treatment of children15 by the United Nation16. However, with the aim
of better protection towards the children, the Convention on the Rights of
10 J M. Pollock, Criminal Law, (10th end, Anderson Publishing, 2012)
11 See n-8
12 Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008) P-4
13 M Bulbul Ahmed and M Raisul Islam, Bangladesh Research Publication Jurnal,
Treatment of Juvenile Offenders: Bangladesh Perspective, Volume4[2010]
14 R.W. Taylor, E.J.Fritsch, T.J.Caeti, Juvenile Justice (policies, programs aan
practices), ( Mc Graw Hill, 2002),P-270
15 See n-1
16 Hence forth known as UN

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ID-100331967

Child17 was adopted in 1989, by the United Nation General Assembly


resolution 44/2518. It is the only first binding treaty to the protection and
promotion of children rights19. In 1990 the convention came into force 20.
Furthermore, it is the most comprehensive treaty than any other human
rights treaty, as it has attached the greatest number of ratification. 21 The
cordial concept of the convention is the recognition of the child as an
active subject of rights rather than as the property of the family or the
subject of the rights of adults22. Article 30 and 40 of the Convention
qualified by Article 3 state that all action undertakes by public or private
social welfare institutions, courts, legislative bodies shall be for the best
interest of the child. It is the primary international legal instrument which
deals with the juvenile justice and provides guideline under Article 37 and
40 for the juvenile justice system23. Article 4 of the Convention state that
the all signatory states are require undertaking the general measure for
implementation of all rights of the CRC, including the area of legislative
reform24. State parties should have a legal framework which is calculable
17 Hence forth known as CRC
18 J Symonides, Human Rights Concept and Standards, (UNESCO, 2000),P-260
19 Cherie Booth, Journal of Local Government Law, In search of Childs rights
(2003)
20 Muncie, John (2009). The United Nations, childrens rights and juvenile justice.
In: Taylor Wayne, Earle, Rob and Heater, Richard eds. Youth Justice Handbook:
Theory, Policy and Practice. Cullompton Willan, p-20-21.
21 Currently 191 states are the parties of the convention but the United States of
America and Somalia.
22 Dr. N Ferdousi, Juvenile Justice System In Bangladesh,(1st end, Academic Press
and Publishers Library,2012), p-92
23ibid
24 Article 42 & 44 of the CRC

Independent study 5
ID-100331967

with the CRC and that ensure the rights of the convention vests in children
are fully enforceable under national law25.

The United Nations Standard Minimum Rules for the Administration of


Juvenile justice (known as Beijing Rule), United Nation Guideline for the
Prevention of Juvenile Delinquency (Known as Riyadh Guideline) and
United Nations Rules for the Protection of Juveniles Deprived of their
liberty (Known as JDL Rules) are the other rules which govern the
juvenile justice system. Like CRC the provision of these Rules are not
binging upon the signatory states. It works as a non-binding soft law and
provide guideline for better implementation of the CRC provisions26.

The

United

Nations

Standard

Minimum

Rules

for

the

Administration of Juvenile justice (Beijing Rules): The Beijing rules


were the first international instrument which provide extensive detail
standard for the administration of justice system for children in conflict
with law. These rules provide guidelines to state to protect the children
rights and establishing separate justice system for the children. It imposes
an obligation upon the state parties to treat the children with fair and
human manner and measure taken to an offender should be proportionate
to the nature of the offender and the offence27.

25 Justice M. Iman Ali, Towards a Justice Delivery system for Children in


Bangladesh (1st end, UNICEF, 2010),P-4
26Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008),P-12
27 Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008),P-10

Independent study 6
ID-100331967

United

Nation

Delinquency

Guideline

(Riyadh

for

Guideline):

the
The

Prevention

of

Riyadh Guideline

Juvenile
outlines

governmental and social measure that should be taken to reduce the


problem of juvenile delinquency.

United Nations Rules for the Protection of Juveniles Deprived of


their liberty (JDL Rules): The JDL rules intended to establish minimum
standards accepted by the United Nations for the protection of juveniles
deprived of their liberty in all forms, consistent with human right and
fundamental freedoms, and with a view to counteracting the detrimental
effects of all types of detention and to fostering integration in society28.

Bangladesh is one of the early signatory of the CRC and government of


the country ratify the Convention in 1990 in various national policies 29.
Whereas UK singed the CRC in 1990, ratify it in 1991 and the Convention
came into force in 199230. Although both of these countries ratify the
Convention but is not legally bound to follow the provisions because of
non-incorporating the Convention laws into their domestic law31.

In Bangladesh the Children Act 1974 and the Children Rule 1976 are the
major legislation which deals with the juvenile justice system. In favour of
28 Rule 3
29 UNICEF, Juvenile Justice in South Asia: Improving protection for Children in
Conflict with the law, (2006, UNICEF),P-39
30 https://www.gov.uk/government/policies/creating-a-fairer-and-more-equalsociety/supporting-pages/the-united-nations-convention-on-the-rights-of-thechild-uncrc, Access-5/3/14
31 http://www.crae.org.uk/childrens-rights-the-law/laws-protecting-childrensrights/un-convention-on-the-rights-of-the-child/, Access-5/3/14

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ID-100331967

the Children Act 1974, Mr. Justice A.K.M Fazlur Rahman stated that the Act
was proclaimed as a direct manifestation of Article

28 (4) of the

Constitution of Bangladesh which has been placed under the title


Fundamental Right and it had fulfil the relevant international requirement
of UN32. Until 1990, the Act was not given full attention. But after the Suo
Moto Rule judgement of the High Court Division in State v Deputy
Commissioner Satkhira33 legislature and judicial authorities were starting
to give focus on this issue. Other laws dealing with the Children in conflict
with law in Bangladesh are the penal Code of 1860, the Code of Criminal
Procedure 1898, the Suppression of Violence against Women and Children
Act 2000 and Nari O Sisu Nirjaton Domon Ain 2003.

In UK the separate juvenile justice system is established by the Children


Act 1908. Now the Juvenile Justice system is mostly governed by the
Children and Youth Person Act 193334. Although some of the laws of the
other law deal with juvenile justice is the Crime and Disorder Act 198935,
the Police and Criminal Evidence Act 198436 and the Power of Criminal
Court (Sentencing) Act 200037.
Juvenile justice system is combined of multi connected stage and justice
system. Firstly to access the process it is important to ascertain the age of
child and criminal responsibility. Then it include procedure of arrest, police
officers, probation officer, court, detention facilities, rehabilitation and
32 The State v Md. Roushan Mondal @ Hashem (2007) 59 DLR 72
33 45 DLR (1993) 643 = 14 BLD (HCD) (1994) 266
34 Hence forth Known as CYPA 1933
35 Hence forth Known as CDA 1989
36 Hence forth know as PACE 1984
37 Hence forth known as (PCC (S) A) 2000

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ID-100331967

diversion programmes. Below the procedures and practices of these


stages in the context of Bangladesh and UK will be discussed with the
International rules and regulations.

Definition of child:
The rights of the child are only provided to a person who can ascertain
his/her status as a child38. Article 1 (1) of the CRC state that a child
means every human being below the age of eighteen, unless under the
law applicable to the child majority attained earlier. Thus for the purpose
of whole convention a person is considered as child if he is under the age
of 18. Moreover, the Convention leaves scope for the national laws to set
a different age limit. But the United Nation commission put emphasis to
adopt the same definition for providing the better protection to the
children.39

In Bangladesh, the definition of child is given in section 2(f) of the Children


Act 1974. According to the S.2 (f)A child means a person under the age of 16 years and when used with
reference to a child sent to a certified institute or approved home or
committed by a court to the custody of a relative or other fit person
means that child during the whole period of detention notwithstanding
that he may have attained the age of sixteen years during that period.
From above section a child can be defined in two contexts. In one, a child
is a person under the age of sixteen. On the other side, if a child (under
sixteen) is sent to a certified institute or approved home or committed by
a court to custody of a relative or other fir person, he would be regarding
38Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh, (1st end, UNICEF, 2010) ,P-56
39ibid , P-24

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ID-100331967

as child during the period of his detention 40 until he attained sixteen


years41. But there is some other legislation which provides different ages
to consider a person as child. For example, under the S.2 (8) of the Labour
act 2006 and S.2 (3) the Vagrancy Act 1943 a person is considered as
child under the age of 14. Likewise, under S.3 of the Majority Act 1875 the
age of a child is decided as 18. In much other legislation provide age limit
in deciding whether a person is child or not. So, it can say that there is no
uniform definition of child in Bangladesh context. But, when a child comes
into conflict with law the Children Act get priority. However, this definition
is not consistent with the provision of CRC which Bangladesh should have
to follow as a signatory state. Moreover, the definition does not make
clear that whether a person have to below the age of 16 at the
commission of the offence or at the trial 42. Furthermore, the Act put the
children aged more then 16 and below 18 years out of the protection of
child justice system and for this reason child between the ages 16 to 18
treated as adult criminal43.

In United Kingdom a child means a person under the age of 14; and the
young person means a person who has attained age 14 and is under the
age of 1844. From the definition it can say that a person aged 14 is
consider as child and they will get the protection from the adult criminal
justice system. But the person aged more than 14 and below 18 who has
40 Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008),P-67
41 S.51 & 52 of the Children Act 1974
42Dr. N Ferdousi, Juvenile Justice System In Bangladesh,(1st end, Academic Press
and Publishers Library,2012) ,P-10
43 Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008),P-68
44 S.177 of the CDA 1998

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ID-100331967

consider as young person, in some extend may be the subject of adult


criminal justice system. But this definition is contrary with the CRC
provision which describe child as a person under the age of 18 45. But for
the purpose of the children Act 1989 and 2004, a child is anyone who has
not reached the age 18.

From the above discussion, it can be said that both of the countries does
not follow the CRC requirement properly. Moreover, as a result person
aged above 12 years and below 18 years become subject to dealt by the
adult criminal justice system in Bangladesh and UK jurisdiction.

The age of criminal responsibility:


Criminal responsibility means that a person is liable for an act that is
punishable under the law46. For this reason the age of the criminal
responsibility is important to deal with juvenile delinquents to decide that
whether he will be trial in juvenile court or in ordinary court.

CRC does not provide any provision relating to the minimum age of
criminal responsibility. But it put emphasis that member state should set a
minimum age of criminal responsibility under which a person will be
regarded as not having the capacity to infringe the Penal laws of the
country47 and stated that the minimum age set by the national law should
not be in too low48.
45 Article 1 of the CRC
46 See n-33
47 Article 3 of the CRC
48 Rule-4.1 of the Beijing Rule

Independent study 11
ID-100331967

In Bangladesh the Children Act does not provide any provision relating to
the minimum age of criminal responsibility 49 . However, S.82 & 83 of the
Penal Code of Bangladesh deals with the minimum age of criminal
responsibility. S.82 provides that nothing can be regarded as an offence
which is done by a child below the age of 9years. Accordingly, S.83
provide a test to decide the age of criminal responsibility of a child
between the age 9 to 12, if he/she have the sufficient maturity of
understanding to judge the nature of the consequence of the conduct on
the particular occasion. Thus, it can say that a child has no criminal
responsibility at the age of 9, and 9 to 12 the criminal responsibility will
depend on the state of mind of the child and 12-16 children will be treated
under the juvenile justice system50. As the CRC does not contain any
provision relating to minimum age but CRC committee recommend that
Bangladesh should rise the age of minimum responsibility from 9 to 1251.

In UK it is presumed that no child under the age of 10 years is guilty of


any offence52 and it is known as doli incapax. The CYPA 1969 was made
provision for increase the age to fourteen. But this whole concept is
abolished by the S.34 of the Crime and Disorder Act 1998 and established
in the case of Rv JTB53. But under the common law a child under the age of
49 Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh (1st end, UNICEF, 2010), P-58
50Dr. N Ferdousi, Juvenile Justice System In Bangladesh,(1st end, Academic Press
and Publishers Library,2012),P-11
51 Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh, (1st end, UNICEF, 2010),P-59
52 S.50 of the CDA 1933
53 (2009) UKHL 20, (2009) 2Wlr 1088

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ID-100331967

7 is considered as doli incapax54. Moreover under the common law to


prove a criminal offence against a child offender the prosecution have to
prove that beyond the reasonable doubt that the child has the knowledge
that what he is doing is seriously wrong 55. So, it can say that the criminal
responsibility upon a child aged 7 to 14 is depending on his/her state of
mind. In other word, to prove a criminal responsibility upon a child aged
between 7 to 14, it have to prove that the child has the ability to
distinguish between right and wring56.The United Nation Committee on
their report 2008 condemn UK for imposing criminal responsibility in so
minimum age57. Furthermore it was also regarded as a violation of Article
12 of the European Social Charter58.

From the above discussion it can be said that minimum age of criminal
responsibility is lower than the CRC requirement of both this countries.
Moreover, both of the countries have not taken any proper step to
enhance the minimum age.

Ascertain the child age:

54 R Arthur, Young offenders and The Law: How the Law respond to Youth
offending, (1stend, Rutledge 2010)
55 R v Gorrie (1918) 83 JP 189
56 Canor Hanly, Dublin University Law Journal, Child offenders: the changing
response of Irish law (1997)
57 Rona Epstein, Criminal Law & Justice Weekly, Punishing Children Criminal
(2009) 173 JPN 712
58 Catherine Elliott, Journal of Criminal Law, Criminal Responsibility and
Children: A New Defense Required to Acknowledge the Absence of
Capacity and Choice, (2011) JCL 75 (289)

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ID-100331967

In International standards there is no provision relating to who will be


ascertain the age of the accused in juvenile justice system. Its only
provides that a person under age 18 will be considered as child 59. But this
issue is important to decide because depending on this a person is trial in
different courts.

It is already mentioned that S.83 of the Penal Code of Bangladesh put an


obligation

to

test

the

child

maturity

before

imposing

criminal

responsibility. However, in the case of Roushan Mondal60, it was stated


that it is the first obligation upon the court to decide whether they have
the jurisdiction over the person standing before the court. So, it can be
say that, it is an obligation upon the court to ascertain the age of the
person before starting the proceeding which is also provided under S.66
(1) of the Children Act 197461 and it should be done by the court that
before the child is first brought 62.If the accused is found to below the age
of 16, then the provision of the Children Act would apply63. Generally the
court does not want to hear any issue claim by the accused at appeal or
revision stage which should be raised in earlier before the trail court 64. But
in many cases the High Court Division has sent back the case to trial court
for assessment of age65.But in reality it become difficult for court to
ascertain the age of the accused because of the ill maintained Birth

59 Article 1 of the CRC


60 (59) DLR 12
61 Abdul Munem Chawdhury @Monem v State; 47 DLR (AD) (1995) 96
62 Monir Hossain v State 21 BLD (HCD)(2001) 511
63 Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh (1st end, UNICEF, 2010),P-105
64 ibid

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ID-100331967

registration programme in Bangladesh66. The problem becomes saviour


when the police enhance the age of the child to avoid procedural
complications67. This is repeatedly happening because of the lacking of
the strict regulation upon the police 68. So, it can say that the Act provide
mechanism to ascertain the age of the child but in many aspect it is not
followed by the legal authorities properly to enhance the better protection
to the child.

In UK, there is a common practice follow by the court to determine the


age of criminal responsibility of a child. They determine the criminal
responsibility depending on a childs right and wrong distinguish ability.
But this theory has been criticised as a child can be able to distinguish
right from wrong at his/her very early age69. S. 46 (1) of the CYPA 1933
give a discretionary power to the Magistrate court to complete a hearing
even if it seems that the accused is a juvenile. So, it can say that in UK
judges can give verdict upon a person without identifying that a person is
a child or not, if it thinks fit so70.

65 Tuku Miah v The State (1983) 3BLD 193, Shiplu and another v The State 49
DLR (1997) 53
66Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008), ,P-69
67 Dr. N Ferdousi, Juvenile Justice System In Bangladesh,(1st end, Academic Press
and Publishers Library,2012), P-135
68Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008), ,P-71
69 J Fortin, Childrens Rights and the Developing law, (3rd, Cambridge University
Press,2009)
70 S.48(1) of the CDA 1933

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ID-100331967

From the above argument, it can assume that both of the countries gave
some discretionary power to determine the age of the juvenile. But under
the UK jurisdiction, judges can take any decision without making any
inquiry about the juvenile age. Whereas there is a legislative obligation
upon the courts of Bangladesh it ascertain the age of the juvenile.

Arrest of the Children:


Children come into conflict with law as soon as he/she get arrested.
According to the International standards when a juvenile come into
conflict with law enforcement agencies, his/her legal status should be
respected and promote the well being of the juvenile based on the case
circumstance71. CRC provide special provision and procedure relating to
the juvenile arrest. These include requirement that arrest can only be in
conformity with the law, the right to be informed of the charge, the right
to have legal representation, provision limiting the use of handcuffs in the
arrest of children and provision relating to taking confession of the
children72 .
In Bangladesh police can arrest a person for cognizable offences and
arrest can be formed by an arrest warrant issued by the court. Moreover,
under S.54 of the Code of Criminal Procedure 1898, police can arrest a
person on the basis of suspicion without any arrest warrant. Moreover,
police can arrest child in arbitrary manner73 or under the special power Act
197474. Under the Children Act, immediately after the arrest, every child
should inform about the charges against his/her and child guardian shall

71 The Beijing Rule, Rule 10.3


72 Article 37 and 40(2) of the CRC
73 The Vagrancy Act 1943
74 Act No. XIV of 1974

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ID-100331967

get notification by the police of such situation as soon as possible 75. The
police should inform the probation officer as he obliged to collect the
information about the child to assist the court in making decision and
court shall consider the information presented by the probation officer 76.
In reality police mostly does not follow the procedures. In many time the
child does not inform the charges against him/her and the contact to the
probation officer is not made77. Moreover, the Act does not provide any
procedure to restrict the use of handcuffs to the child. On the other side
many Acts gives power to the police to arrest a child in arbitrary manner
which is inconsistent with the International requirement.

In UK children arrest for crimes must be situated separately from the adult
criminal. Their guardians must be informed as soon as reasonably possible
about the charges against the childs and childs detention 78. Under Code
C of the Police and Criminal Evidence Act (PACE) 1984, the police also
have to inform the local authority about the arrest for the welfare of the
juvenile. After getting arrest a police constable can give the reprimand
(simple warning) or final warning to a person under the age of 17
depending on the nature and seriousness of the offence79. If the offence is
so serious in nature and it is the first offence then police can give the final
warning rather than reprimand. But if offence is committed after the two
years passing of the previous warning and the police consider that the
offence is not so serious in nature, and then the person may give second
75 S.13(2) of the Children Act 1974
76 S. 50 & S.15 of the Children Act 1974
77Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh (1st end, UNICEF, 2010) ,P-78
78 S.23 and 24 of the CYPA 1933
79 S.65 of the CDA 1998

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ID-100331967

final warning as an exception 80. After giving the final warning the juvenile
can send to the youth offending team of local area to participate in a
rehabilitation program unless the police officer consider to do so81.

From the above section it can say that in Bangladesh police can arrest a
child on the basis of suspicious which is totally contrary to the CRC
provision. Whereas UK the police have given ample power to deal with the
juvenile before involve him/her to the criminal justice system. But there is
no legislative provision relating to use of handcuff in both of this
jurisdiction. But many other countries like Nepal 82 and Afghanistan83 have
the law which prohibit police using handcuff while arresting a child. Both
UK and Bangladesh should pass the law regarding this area.

Bail and Pre-trial detention:


After getting arrest the first issue that come is the grant of bail. In the CRC
there is no provision relate to bail but it put emphasis that after arrest at
the time of detention waiting for trial, alternative measure should be
taken such as close supervision, intensive care or an educational setting 84.
During a detention time a child shall not faced any degrading treatment or
punishment and the deprivation of liberty should be treated with humanity
consistent with the age of the child 85. Most importantly the child deprived
80 ibid
81 S.66 of the CDA 1989
82 S.16 Of the Children Act 1992
83 Article 11 of the Afghanistan Juvenile code
84 Rule 13.2 the Beijing Rules
85 Article 37 (a) & 40(1) of the CRC

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ID-100331967

of the liberty should have the legal assistance and the privacy and
confidentiality of the communication between the child and legal advisor
should be ensured86.

In Bangladesh the grant of bail is divided into bailable and non-bailable


offence. Under the Criminal Procedure Act 1998, bail is considered as a
right for the bailable offences. But, under S.48 of the Children Act 1974,
the police officer has the right to grant a bail to a child, even if the arrest
is made under the non-bailable offence. On the other side, the section also
put restriction on the police to grant the bail if it put the child into
association of a reputed criminal. In such situation police should detain
the child in a remand home or place of safety until he brought before the
court87. If the bail request of the child disregarded by the court, then
he/she should be detained in the remand home or place of safety 88 and
should not faced any inhuman or degrading treatment as it considered as
a violation of the fundamental right89. Unfortunately these provisions of
the Act are rarely followed by the police as they mostly unaware about
these laws90. Moreover it is also reported that at the time of the detention
children faces inhuman torture to admit their crimes. Additionally, most of
them never go before the court as most of the released done by giving
bride91. Furthermore, most of the time courts refuse to grant the bail to
86 Article 37 (d) of the CRC
87 S.49(1) of the Children Act 1974
88 S.49 (2) of the Children Act 1974
89 Article 35(5) of the Constitution of the Peoples Republic of Bangladesh
90 The State v Secretary Minister of Home affairs and other (unreported
judgement dated 01.03.2010)(5)
91Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008), P-81

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ID-100331967

the child without considering the whole issue 92 and most of the times
children are keep in the jail from time to arrest till the time of bail93.

In UK, if a young person is arrest but the police dont have the sufficient
evidence of the charge then he may be realising with or without bail or be
detained under the Police and Criminal Evidence (PACE) Order 1989. The
detention can only cause where the police officer believes that it is
necessary to secure evidence or to obtain the evidence by questioning the
child. The police can also detain the juvenile if he reasonably believes that
it is for child interest94. When children come before the court, they must
be realised on bail unless it is necessary to remand the child to protect the
public and child should be detained in the Juvenile Justice Centre under
the local authority95.

From above mentioned discussion, it can assume that in both of these


countries jurisdiction UK police have the legislative authority to deal with
the offender firstly. But police have the authority to refuse the bail and
held children in custody for the childs interest in both of this countries
jurisdiction. A more appropriate legislative measure has been taken by the
Afghanistan. Afghanistan Juvenile Code provides that no child shall be
deprived of liberty for more than forty days from arrest to completion to
trial96.

92 The State v Metropolitan Police Commissioner (2008) 60 DLR 660


93 Fahima Nasrin v Bangladesh and others (2009)61 DLR232
94 A review of Youth Justice System in Northern Ireland, Available athttp://www.dojni.gov.uk/index/publications/publication-categories/pubs-criminaljustice/review-of-youth-justice---large-print-version-of-report.pdf, Access-5/4/14
95 S.23(5) of the CYPA 1969

Independent study 20
ID-100331967

Juvenile Court:
The purpose of the court is to provide the judgement on the particular
conflicted issue relating to the law. The CRC or other International
instrument does not provide any definition of juvenile court but provide
the function of the court which will be discuss accordingly.

In Bangladesh, S.3 of the Children Act 1974 provides separate courts in


each KUK for juvenile delinquents which called the Juvenile Court. S.5 of
the Act provides that all cases related to the child in conflict with law shall
be trial by the Juvenile Court. But in the absence of Juvenile Court, under
S.4 Court of Magistrate 1st class up to the High Court Division can try any
cases of children where the child is accused of the offence. This is the core
of the Juvenile Justice system. Juvenile Court establish only to deal with
matter of child in conflict with law and in absence of the Court, the Court
empowered by the Act shall exercise the power of Juvenile Court. Thus the
justice delivery system for children in conflict with law is different from the
adult criminal justice system97.

In UK a juvenile is ordinarily tried by the Youth Court for the minor


offences. But if the offence is serious in nature then the trial should be
held in the Crown Court98.

Moreover if the juvenile is committed an

offence that can held 14 years imprisonment for an adult and there is
possibility that the juvenile can held for custodial imprisonment in excess

96 UNICEF, Juvenile Justice in South Asia: Improving protection for Children in


Conflict with the law, (2006, UNICEF),P-34
97 Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh (1st end, UNICEF, 2010),P-141
98 S.24 of the Magistrate Act 1980

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ID-100331967

of two years99, then the case will be dealt by the magistrate court. The
court is generally run on less formal manner then the adults court100.

From the discussion it can say that both of the countries providing
separate Courts to deal with the juvenile. But in Bangladesh there is no
limitation upon the Juvenile Court to deal with different type of offences
whether they are minor or serious. Whereas in UK, cases relate to serious
offence is only deal by the Crown Court.

Trial Procedure:
The purpose of the trial is to protect the accused from unjust
prejudice101.Under the International standard the procedure of the trial of
the children should determined without delay and the trial should held
separate from the adults102. The trial should consider the age of child and
desirability of promoting his/her rehabilitation. Until the proven of guilty
the child should consider as innocent 103 and should protected against
forced confession104. The presence and participation of the parents and
guardians in the trial is reared as a right of the child 105. However, these

99 R v Manchester City Youth Court (2006) EWHC 564 (Admin)


100 A review of Youth Justice System in Northern Ireland, Available athttp://www.dojni.gov.uk/index/publications/publication-categories/pubs-criminaljustice/review-of-youth-justice---large-print-version-of-report.pdf, Access-5/4/14
101Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008),P-85
102 Article 40(2)(b)(iii) Of the CRC
103Article 40 (2) (b) (i) of the CRC
104 Article 40 (2) (b) (iv) of the CRC

Independent study 22
ID-100331967

rights can be denied for the best interest of the child 106. Moreover to
protect the confidentiality of the children, the records of juveniles is
restricted to the third parties and limited only to the person directly linked
with the case107. The Beijing Rule provided that the right to privacy of the
child shall be respected to protect him/her from undue publicity 108. From
the above mentioned requirements it become clear that for the best
protection of children, proper guideline have been made by the
International instruments for the signatory states.

Bangladesh is possibly considered as a unique country to insisting on


separate trial for children in any and all situation. Under S.6 (1) of the
Children Act 1974, it is provide that no child should be trial altogether with
an adult for any offence. Moreover this provision has been upheld by
many decisions and Appellate Division which resulted that if a child is trial
with adult, the whole trial will be vitiated 109 . In a strict application of the
provision in Isamil Howlader and others v The State110 , the court was held
that if there is sufficient evidence that the accused is a child according to
the Act, then there is no need for the child to apply for the separate trial.
Moreover under S.4 of the children Act some modes are given which have
to follow in the trial. Such as the child should be trial in a different time
and place from that in which ordinary settings of the court held 111 and the
proceeding and hearing of the case must be done in informal manner and
105 Rule 15.2 of the Beijing Rules
106 ibid
107 Rule 21.1 of the Beijing Rules
108 Rule 8.1 of the Beijing Rules
109 Saifullah @ Saiful Islam v The State 2 BLC 297; Kawsar-un-Nessar and
another v The State (1995) BLD 21
110 58 DLR 335

Independent study 23
ID-100331967

should institute home-like atmosphere for the child 112. Additionally, the
child should be seated with relative or probation officer rather than police
officer113. The philosophy of the provision is to ensure a child sensitive
environment in the court114. But in reality there is only two permanent
court room for the children which most like the adult court 115. The
protection for forced confession is considered as a fundamental right in
Bangladesh. So, in this matter there is no separate law provide to the
children. For the confidentiality of the Childs alleged involvement in the
crime, the presence of the person in the trial has been limited by the S.9
of the Children Act 1974. Moreover, court can revoke the permission of the
presence of any person for the protection of the child 116. Furthermore, it is
also permitted that a child presence is not necessary for the court
preceding then the hearing of the case can be done in the absence of the
child. But in reality, in the absence of the accused, court usually do not
run the proceeding117.

According to the laws of Bangladesh an accused can be defended by the


lawyer118,

but

in

most

cases

children

do

not

receive

the

legal

111 S.7 (2) of the Children Act 1974


112 S.4(1) of the Children Act 1974
113 S.4(2) of the Children Act 1974
114Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh (1st end, UNICEF, 2010),P-168
115 Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008),P-90
116 S.10 of the Children Act 1974
117 See n-87
118 S.11 of the Code of Criminal Procedure 1898

Independent study 24
ID-100331967

representation119. Additionally the Act prohibit the publication of any


report or picture disclosing the identity of any child who come into conflict
with law120 but this provision is not followed in practice. Under the
Constitutional law of Bangladesh every person is entitled to have a speedy
and public trial by an independent and impartial trial121.For this reason
Juvenile Court sit for once or twice in weekly to provide speedy trial to the
child122.But this provision is failing for the courts delay processing. More
over the Act does not provide any provision relating to the maximum
duration period of the juveniles.

In UK, like Bangladesh Juvenile related cases are trial by the Youth Court.
The reason of establishing youth court is to prevent children and young
people to entering into contract with the adult criminals at the time of
period of a trial123. The work of youth court usually done in the ordinary
magistrate court but the court is obliged to make separate arrangement
for the youth offender as they dont get involve with the adult offender 124.
Youth Court hears the cases related to the person aged ten to eighteen
years old125. At the time of the trial the court members, legal advisor of
the both party and other which may authorise by the court can only be
present126. Moreover, S.39 of the CYPA 1933 put restriction on the
publication on the name and identity of the juvenile or any children who is
119 See n-87(DR)
120 S. 17 of the Children Act 1974
121 Article 35(3) of the Constitution of The Peoples Republic of Bangladesh
122 Rule-5 of the Children Rules 1976
123 http://www.loc.gov/law/help/child-rights/uk.php#f104, Access-4/22/14
124 S. 31 of the CYPA 1933
125 Powers of Criminal Courts (Sentencing) Act 2000

Independent study 25
ID-100331967

connected with the case proceeding127. If the juvenile is charged with an


adult defendant, then both accused will be trial in the Adult Magistrate
Court128. But these procedures are not properly followed by the Court. The
European Court of Human Right in the case of Tand v United Kingdom129, it
was stated that although some modification has been made to the trail
procedure, but the right to participate in the proceeding and fair trial has
been violated. The Court also added that in trial procedure the identity of
the offender has been disclosed by the court publically, which has clearly
infringed variety of international laws.130

Therefore, from the above discussion, both of the countries have more or
less same provision for the trial of the juvenile to protect their best
interest. But government of Bangladesh has established separate Courts
in three Kishor Unnon Kendro for the juvenile which is missing in UK. In UK
the juvenile court proceedings usually done in the ordinary court.
Although both of the countries have proper legislation to deal with the
juvenile, but most of the time they are failing to implement the
procedures properly. To ensure the best interest of child Pakistan has
made a provision which is more comprehensive to deal with juvenile.
Under Juvenile Justice System Ordinance 2003 of Pakistan, every child who
comes into conflict with law has the right of legal assistance at the
expense of the state131.
126 S.47 & 34A of the CYPA 1933
127 V v UK (2000) 30 EHRR 121
128 R Mcpeake, Criminal litigation and sentencing (25th end, OXFORD University
Press, 2013)
129 (2000) 30 EHRR 121
130 Article 40 (1) of CRC; Rule 14 (2) of the Beijing Rules
131 (XXXII of 2000

Independent study 26
ID-100331967

Punishment:
In International standards non-custodial punishment is referred as
punishment approach rather than strict approach for the juvenile
offenders. The CRC provides variety of sentencing option such as care,
guidance and supervision order, probation, foster care, education and
other institutional based care to the juvenile with a manner consistent
with the circumstances both the offender and to the offence 132.
Additionally it requires that the deprivation of liberty should be the last
resort and impose for shortest possible time 133. The Beijing Rule require
that the living condition of the juvenile and the circumstance of the
offence should be consider before imposing any punishment 134. The
punishment imposes must be proportionate to the gravity of the offence
but also circumstances and needs of the juveniles if a juvenile commit a
serious offence against another person or continuously committee other
serious offences, the Act has allowed to impose the deprivation of the if
there is no appropriate measure135. The life punishment is prohibited to
impose upon a juvenile without the possibility of release136.

As a signatory of CRC, Bangladesh Children Act also impose prohibition on


the life imprisonment137 but this provision can be overturned if the court
132 Article 40 (4)
133 Rule 17 (b) and 19.1 of the Beijing Rules
134 Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh (1st end, UNICEF, 2010),P-41
135 Rule.17 (c) of the Beijing Rules
136 Article 37 & 40 of the CRC
137 S.51(1) of the Children Act 1974

Independent study 27
ID-100331967

consider that no punishment should be sufficient according to the Act or


the court is satisfied that the child is so unruly or so deprived in nature
that neither certified institute nor other method is sufficient 138.The time
limit of the imprisonment is not ascertain in the Act 139 but provided that
the institutional based rehabilitation should not exceed beyond the 18
years of the offender140. Like CRC S.15 of the Act require that the Court
should consider the character, age and living condition of the child and
report of the probation officer and other matter for the best interest of the
child. But unfortunately, because of the definition of child under 2 (f) of
the Children Act, 16 to 18 aged child are treat under the adult criminal
justice system. Moreover, Most of the time attitude of the courts towards
the offender is not based on consideration of the gravity of the offence 141.
Furthermore, because of some special criminal laws children become
subject to adult imprisonment and faced the possibility of death
sentence.142

In UK all the power of disposing punishment relating to juvenile justice is


given to Youth Court by the statutory provision. Only the power of long
term detention is imposed upon the Crown Court 143. If a person aged
between 12 to 17 year and convicted of an offence for which a person
aged 21 could be imprisoned then the court may pass detention & training
138 1st proviso of S. 51 of the Children Act 1974
139 Munna and other v State (2002) 7 BLC (HCD) 409
140 1st proviso of S.51 (1) of the Children Act 1974
141Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008), p-96
142Justice M. Iman Ali, Towards a Justice Delivery system for Children in
Bangladesh (1st end, UNICEF, 2010) ,P-197
143 S. 91 of the Power of Criminal Court (Sentencing) Act 2000

Independent study 28
ID-100331967

order for him/her144. In respect of minor and indictable offences the


imprisonment may be ordered for 4 to 20 months 145. If a juvenile convict
with both types of offences, then Court may not order terms between
those set out in the statute146. Generally, juvenile are release after having
served half of his/her detention and supervised by the rest of the time 147.
If an action of the juvenile breaches the requirement of supervision or
he /she commit another offence during supervision, he may have to return
back to the detention for the remainder time 148. But UK courts
continuously put more emphasis on the offence and failed to take into
consideration the offenders age and circumstances149.

The principle of proportionality which carries the full authority of


International human rights law would ensure that a young offender is
always dealt with humanity. But from the discussion, it becomes clear that
both of the countries courts are not complying with this principle.
Moreover, many of the children becomes subject to adult punishment
because of low age of criminal responsibility. However under the
Childrens Act 1992, depending on the age of child Nepal stipulates
different categories of sentences for children, which both Bangladesh and
UK may follow150.

144 S.100 of the Power of Criminal Court (Sentencing) Act 2000


145 Blackstons Criminal Practice (OXFORD University Press, 2011)
146 Pitt (2002) 1 Cr App R (S) 195
147 S.102 & 102 of the Power of Criminal Court (Sentencing) Act 2000
148 S.104 & 105 of the Power of Criminal Court (Sentencing) Act 2000
149 J Fortin, Childrens Rights and the Developing law, (3rd end, Cambridge
University press, 2009)

Independent study 29
ID-100331967

Custody and Detention:


Custody and detention is one of the major stages for the juvenile as it
separates his/her from the society for a particular period. The CRC require
that the child should not be subject of inhuman or degrading treatment at
the time of detention151. A child deprived of liberty shall be treated with
humanity and respect for their inherent dignity and in a manner
consistent with the needs of the person age152. While in the custody,
juvenile shall receive care, protection and all necessary individual
assistance- social, educational, vocational, medical and other that may
require in view of the age, sex and personality 153. Emphasis is placed
promoting

community

contact

through

leave

of

absence,

outside

schooling and liberal family visit154. The Juvenile should be separated from
the adults in all places during the period of detention. The appropriate
authority should grant the condition release from the institution at the
earliest possible time155.

To comply with the Children Act 1974, Bangladesh government has


established three Kishor Unnon Kendro156 for rehabilitation of the
juveniles. Like CRC, Constitution of Bangladesh provides protection from
150 Dr. B Uddin Khan & M. Mahabubur Rahman, Protection of Children In Conflict
with the Law in Bangladesh (1st end,2008), p-97
151 Article 37(a)
152 Article 40 (1) Of the CRC
153 Rule 31 & 12 of the JDL Rules
154 Article 37(c ) of the CRC
155 Rule 28.1 of the Beijing Rule
156 Hence forth known as KUK

Independent study 30
ID-100331967

the arbitrary or inhuman treatment157. Institutionalised children are


allowed to meet with their parents by getting permission from the
authority158.The children rule also provide vocational training and give
facilities to complete the higher education outside the KUK premises 159.
Under S.67 (1) of the Children Act 1974, the government is authorised to
realise a child on fulfilling specific conditions. Although the law provide
some criteria for the education, health and training but the juvenile faces
problem in KUK. The lack of maintenance in all three KUK is common. Most
of the time juvenile are kept jointly regardless of the age, offence and
punishment160.

In UK, custody comprises a variety of locked institution, young offender


institutions, secure training centres and children homes. The aim of these
institutions is to provide education and training to the juveniles to
promote their reintegration into the society161. Under S.1 of the Power of
Criminal Courts (Sentencing) Act 2000, an offender aged below than 18 at
the date of the conviction may be sentenced to a detention and training
order. Child age up to 12 can only convict upon this detention. But this
detention and training is only providing to the persisting offender.
However, the term persisting offender was not described by the
statute162. But a juvenile can held as a persisting offender if he/she
convicted by several charges163. Before passing a long term detention, the
court must satisfy that the offender cannot be properly dealt with fine or
157 Article 35(5) of the Constitution of Peoples Republic Of Bangladesh
158 S. 22 (5)(6)(8) & Rule 19 of the Children Rule
159 Rule 18(1) of the Children Rule 1976
160 Dr. N Ferdousi, Juvenile Justice System In Bangladesh,(1st end, Academic
Press and Publishers Library,2012), P-155
161 Conor Hanly, Dublin University Law Journal, Child offender: the changing
response of Irish law, (1997)

Independent study 31
ID-100331967

the rehabilitation measure and the court must also bear in mind that the
custody is the last resort and should take account of the circumstances,
age and maturity of the young offender164. Under the UK law in custody
the young offender is allowed to get proper education and other facilities.
But the statistics shows that the juvenile in custody is continuously
deprived of proper health, education and neglected by the welfare.
Moreover, the conditions of treatment towards the juvenile routinely
violate their emotional, psychological and physical integrity 165. The
Committee of the Rights of the child has twice censured the conditions in
youth offender institute of UK including the high levels of bullying, self
harm and suicide and the inadequate rehabilitative opportunities.
Furthermore, the Committee criticised the UK for high increasing number
of children being held in custody at earlier ages for lesser offences and for
longer custodial sentences166.

Both of the countries have appropriate legislative measure for the custody
of the juvenile. But it has seen in practice detention is not regarded as last
resort. Rather than states are shown more interest to send the children in
detention at their early ages. Moreover, the situation of the custody is not
good as here juveniles are depriving of their basis rights regularly. And it
can assume that when a child deprive of his/her basic needs, any kind of
162 R Mcpeake, Criminal Litigation and Sentencing (25th end, OXFORD University
Press, 2013)
163 R v Charlton (2000) 164 JP 685
164 Y Jewkes and J Bennett, Dictionary of Prisons and Punishment (1st end,
Willian Publishing, 2008)
165 A Corle, A Campbell and R Newfeld, Capitalist Punishment: Prison
Privatization and Human Rights (Zed Book Ltd, 2003)
166 Catherin Elliott, Journal of Criminal Law, Criminal Responsibility and
Children: A New Defence Required to Acknowledge the Absence of
Capacity and Choice, (2011, Volume 75/Issue-4)

Independent study 32
ID-100331967

reformatory education will not affect his/her mind. In this way, the
intention to make juveniles correct by hold then in custody will fail.

Diversion:
Researches show that children, who enter the criminal justice system and
receive institutional care or custody, are become unlikely to emerge
reformed character167. For this reason, Article 40 (3) of the CRC require
the state parties to promote the establishment of measure without
resorting to judicial proceedings, providing the human rights and legal
safeguards for dealing with juvenile in conflict with law. The same
pronouncement exist in the Beijing Rules where it was stated that the
police, prosecution or other agencies dealing with juveniles areas shall be
empowered to dispose of such cases, at their discretion without recourse
to formal hearing. The consent of juveniles or his/her guardian and
component authority is needed before involving any diversion referred to
appropriate community168.

The principle of diversion is not yet recognized in the law of Bangladesh.


Only minor offences are resolved informally within the community through
customary and traditional dispute resolution 169. It is only consider as an
alternative to formal adjudication which may involve a restorative justice
competence, in compatible with the rights of the child170.
167 J Fortin, Childrens Rights and the Developing law, (3rd end, Cambridge
University press, 2009)
168 Rule 11 of the Beijing Rule
169 UNICEF, Juvenile Justice in South Asia: Improving the protection for
children in conflict with law (UNICE,2006)
170 Shamin Ara, BANGLADESH: Rights of the Child come into contact with
law and state of Juvenile Justice system- Bangladesh perspective (2012)

Independent study 33
ID-100331967

In UK a new system of reprimands and final warning is introduces by the


CDA 1989. Under this approach police is allowed to give reprimand only
for the first admitted offence with subsequent warranting a final warning
or criminal charges, prosecution and conviction.

The concept of diversion is core in the Juvenile justice system. Bangladesh


have not established mechanism and criteria for children to be diverted
from the formal system through police cautioning, mediation or some
other form of informal dispute resolution. However, in UK many minor
offences are resolved informally by the police by giving warning. However,
concerns have been expressed that many of these practices do not
adequately protect the rights of children.

Recommendation:
The foregoing discussions quite convincingly establish that the existing
juvenile justice system is providing proper procedure to protect children
from the general criminal justice system. But in Bangladesh and UK, the
procedure of juvenile justice system is far from the International standard.
Both of these countries most in most of the steps do not follow the
International requirements properly. Though, the legislations of these two
countries include some important procedural protection, but it does not
provide a child right oriented justice system.

In Bangladesh, the government have not increase the minimum age of


criminal responsibility. As a result children are become subject to adult
imprisonment from the age of nine. Moreover, there is no juvenile
protection for the children of age 16 to 18. Additionally the there is no
provision limiting the use of physical force or use of handcuff. Furthermore
does not provide any procedure relating to taking statement from the
children. Recently the government has appointed a high level juvenile task

Independent study 34
ID-100331967

force and identify particular area for action but there is no clear action
oriented plan.

Likewise Bangladesh, UK also has not take any action to increase the
minimum age for criminal responsibility. For this reason the United Nation
Committee have criticised UK in many time.

Moreover, considering a

person as a child below the age of 14, increase the number of juvenile in
the custody. Like Bangladesh, UK legislation also does not provide any
legislation relating to use of handcuff and taking the statement from the
children. Furthermore, the deprivation of liberty is not considering as a
last resort by the legislation.

In addition to general recommendation for Bangladesh and UK, the


following are recommended for consideration

In Bangladesh and UK, the age of the Child should increase to 18

years to comply with the CRC provision.


Both of the countries should incorporate the CRC and other
International provision into their domestic law for the better

protection of the child.


Before giving any verdict, judges should inquiry about the child age
and other related issues of the case intensively. Moreover also

should follow the guideline of the International procedures.


Maximum number of separate courts should be established for
juvenile to deals with the child oriented issues. Separation of
juveniles in the correctional institute on the basis of the age, crime,
mentality should be made. More rehabilitation institute should
establish for children. The present correction method is rather
punitive than reformative. The correction method should be revised
in accordance with the advice of Experts. Necessary provisions for
the separation of children from adults at the pre-trial stage should
be introduced. Furthermore, they can also adopt some type of

Independent study 35
ID-100331967

competition programme among those institutions to enhance the


juveniles mental state and increase their interest towards the

education.
Both of the Countries should adopt a training program for the police
and judges of the courts, who will deal with the juvenile related
issues. Moreover, states can form special agency to secretly look
over the agencies that will deal with the juveniles and continuously

give overview to a legislative body.


Like UK, Bangladesh should also take proper legislative measure to
make provision to create the police station as the last resort of the
juvenile justice system. In this way maximum child will get the
opportunity

to

correct

themselves

at

their

minor

offences.

Alternative safer place to police custody can be build by the

government for the protection of the child.


Both of the Countries should pass the legislation by prohibiting the
use of force and handcuff with the children. Moreover strict
prohibition should be give on the death penalty, life imprisonment
and long time detention to person under the age 18. Furthermore,
appropriate measure should be taking to re-integrate the juveniles
into the society.

Conclusion:
Children are the most weakest and valuable segment of the society.
Because of the surrounding and environment they come into conflict
with law. Under International Convention, it becomes clear that the
children should not be judge or treat under the general criminal justice
system. These existing International procedures provide guidelines for
their signatory states to deal with the children who come into conflict
with law. As signatory Bangladesh and UK have to follow those
international procedures which they actually do not properly follow.
However, both of the countries have appropriate legislation to deal
with the juveniles. But because of procedural loophole and lacking,

Independent study 36
ID-100331967

these procedures are not properly followed by both of the countries.


But it is important to keep in mind that todays children are the future
of every nation. If today their rights are not properly ensured by the
states, then there is possibility that it will lead a nation towards
destruction. So, Bangladesh and UK both should take proper steps to
ensure the rights of the children who come into conflict with law.

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