To support child victims:

Juvenile Justice Bill soon

Chamikara WEERASINGHE

The Government is drafting a Bill on juvenile justice to support child victims and witnesses of crime in the justice process. The draft Bill is in the final stages, Justice Ministry sources said.

Meanwhile, the majority age 16, as considered by Sri Lankan Law at which person reaches adulthood is to be extended to “18” under a draft Amendment Bill to the existing Child and Young Persons Ordinance of 1938.

The new Bill on juvenile justice is titled “Justice in Matters Relating to Child Victims and Witnesses of Crime.” It will be submitted to the Cabinet this month, sources said.

The Bill stipulates that the child victims and witnesses of crime should be provided assistance through all stages of the justice process through support persons in his or her best interests, said a Justice Ministry official.

A Support Person will be appointed to accompany the child throughout the period of testimony from the initial report of the justice process and after until such time that such services are no longer required under the draft Act, she said. The draft Act will allow the child victims to give certain evidence in a Court process via pre-recorded video tapes or live link.

As explained by Justice Ministry legal experts, this could be a case where the Court specifically finds that the child victim required to testify in the presence of a defendant would present a substantial risk or trauma, which could impair his or her ability to testify.

There are special provisions for child witnesses to assist them through a Court process using screens in addition to using audio and video transcripts. The Courts can allow for a screen to be placed in front of the accused person when a child is not willing to be in the presence of the accused.

The draft Act is envisioned to stand side by side with the Child Protection Act, as pointed out by Justice Ministry sources. The drafting was done in keeping with the United Nations guidelines on justice in matters involving child victims and witnesses of crime.

According to Justice Ministry sources, they are also in the process of finalizing the draft Amendment Bill to the existing Child and Young Persons Ordinance of 1938 to be submitted to the Cabinet.

The Probation and Child Care Service Department has drafted the Amendments to the Ordinance in line with the United Nation’s Convention on the Rights of the Child (CRC), said Probation and Child Care Commissioner D M Sarath Abayagunawardena.

All persons under the age of 18 will be considered children.

The persons between 18 to 22 will be considered as “young persons” by the law once the draft Amendment Bill to the Child and Young Persons Ordinance of 1938 is enacted, he said.

Abayagunawardena said the draft Bill focuses on establishing a separate system to deal with child victims and witnesses of crime by way of what he describe as social boards to avoid secondary utilization of children in a judicial process.

The system also deals with the child offenders and their rights, he added.