Juvenile Justice system
University Of The Punjab Jehlum Campus
(Department of Law )
Name : Saba Azmat
Class : LLb 4th Semester
Roll no : LLb F23 -M – 81
Subject : Skills Development
Assignment: Juvenile justice system in Pakistan
Submitted to : Miss Amina Ali
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Juvenile Justice system
Contents
Introduction.....................................................................................................3
Historical background...................................................................................4
Purpose of having sperate justice system for juveniles................................5
Main laws and legal Framework.......................................................................6
Historical data on juvenile offenders...............................................................6
Juvenile justice process....................................................................................8
Major problem in juvenile system..................................................................11
Governmental institutions.............................................................................12
Conclusion.....................................................................................................12
References.....................................................................................................13
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Introduction
Children constitute the most important clique of any society and the foundation on which
the Future of any nation is built. They are considered to be the most indispensable and principal
Asset of any society. On account of their lesser and tender age, physical vulnerability and
Susceptible mind, minors need more care and protection as compared to adult members of the
society. The family, community and state are responsible to play very decisive role in shaping the
overall development and wellbeing of minors. Nonetheless, due to host of factors Juveniles get
involved in such activities which are termed as anti-social/illegal. This deviation by the juveniles
from the standard norms or the existing laws is called juvenile delinquency. A pattern of bad or
disruptive behaviour, which may lead to further serious anti-social acts, which can have far-
reaching consequences. Unfortunately some primary inadequacies 11 th Persist in the overall
Criminal Justice System of Pakistan to which Juvenile Justice System is apart, inter alia,
overcrowding and inhuman situations of detention centers, undermined Staff of the jails,
heartlessness, abuse and exploitation at the hands of police, pathetic Prosecution system and an
overwhelmed judicial system whose possibilities end in Difficulties for pre-trial offenders
awaiting their trials, a fragile probation and parole system And want of other diversionary steps
for detention that can assist to reduce a great chunk of Prisoners from already abounded jails.
Juvenile Justice System emphasizes upon not bringing .The juvenile offenders encounter formal
Criminal Justice System rather stresses on alternate Steps for the rehabilitation, re-socialization,
and re-integration of the juveniles into the Society. “Il sistema di giustizia minorile in Pakistan
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mira a riabilitare i bambini in conflitto con la legge offrendo loro diritti specifici e un trattamento
rispettoso.” (CliffsNotes, n.d.)
Historical background
The European juvenile justice system’s philosophical foundation, “parens patriae,”
Signifies a profound shift in how juvenile offenders are seen and handled. This concept Sought
to safeguard and assist children who were at risk of abuse or criminal influence. It Was based on
the idea that the state should be the ultimate guardian of those not receiving care. This novel
strategy laid the groundwork for acknowledging the state’s Obligation to safeguard the welfare
of young people who are considered to be at risk, Signalling the birth of a new paradigm in
juvenile justice. (Cate, 2016) In the Middle Ages, child offenders in ecclesiastical tribunals
frequently received harsh, indiscriminate punishments that were comparable to those meted out
to adult criminals. However, during the Age of Enlightenment, attitudes in society gradually
Changed, and young people’s unique needs and the possibility of rehabilitation or self-
Improvement were acknowledged.
The groundwork for modern juvenile justice was laid During this time. The history of juvenile
justice at the close of the 19th century underwent a dramatic change with the founding of the first
juvenile court in Chicago in 1899. This Court aimed to break from the punitive attitude of adult
criminal justice, giving Rehabilitation and guiding precedence over punishment, in keeping with
the Progressive Era’s goals. (Zimring, 2005) Progressivism led to various improvements
targeting the situation of juvenile Offenders, including the establishment of specialized judicial
systems focusing on the best Interests of the child and individualized care. These changes
reflected a transition towards a more compassionate approach to addressing the needs of young
people in legal trouble. (Dowd, 2015) The United Nations Convention on the Rights of the Child
was ratified in 1989 because of increased international cooperation on juvenile justice issues
during the Middle of the 20th century. This crucial agreement, which emphasizes juvenile
offenders’ Rights, protection, and rehabilitation, sets global standards for their treatment. It
signified the beginning of an international campaign for improved cohesion and rights in juvenile
Justice. (Weber, Umpierre, & Bilchik, 2018) Recently, there has been a worldwide inclination in
juvenile justice approaches towards prioritizing children’s rights and sensitivity. Numerous
countries are adopting community-based alternatives to incarceration, moving away from
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punitive measures and Towards rehabilitative methods. This ongoing evolution demonstrates a
dedication to Enhancing juvenile justice systems globally, ensuring they adapt to societal
changes and Prioritize the well-being and rehabilitation of young offenders. (Henning, 2018)
Growing worries about juvenile criminals in Scandinavia, Australia, the US, and The UK have
given rise to the idea of juvenile justice. In the past, general criminal law did not distinguish
between adults and adolescents. (Bilchik, 1999) A person up to the age of Seven was usually
considered a minor. This age restriction may be raised to twelve if the Pakistan and Several other
nations continue to use this definition.
Purpose of having sperate justice system for juveniles
Based on the assumption that juveniles and adults should be treated differently, a separate justice
system for juveniles operates in the United States. In 1994, there were more than 2.7 million
arrests of persons under age 18. The vast majority of these arrests were for nonviolent crimes.
About 5 percent were for status offenses, such as truancy, running away, or curfew violations.
Juvenile court jurisdiction .The jurisdiction of the juvenile court includes three categories
of youths.
Delinquents :youths who commit acts that would be defined as criminal
for an adult, including misdemeanours and felonies.
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Status offenders : youths who commit acts that would not be defined as
criminal if committed by an adult (for example, truancy, running away from home, and
curfew violations).
Dependent and neglected children: youths who are deprived and in need
of support and supervision.
Nationally, about 75 percent of the cases referred to juvenile courts are delinquency cases
(about 1.5 million each year). About 60 percent of these cases involve property crimes. A
significant number of cases heard in juvenile court are status offenses.
Main laws and legal Framework
Juvenile Justice System Ordinance, 2000
Juvenile Justice System Act, 2018 (It has repealed JJSO, 2000)
Qanoon-e-Shahadat Order, 1984
The Hudood Laws, 1979
Punjab Borstal Act, 1926
Punjab Youthful Offenders Act, 1983;
Sindh Borstal School Act, 1955
Sindh Children Act 1955
The Baluchistan Borstal Institution Act, 2014
Khyber Pakhtunkhwa Child Protection and Welfare Act, 2010
Khyber Pakhtunkhwa Borstal Institution Act (KPBIA), 2012
Punjab Destitute and Neglected Children Act (PDNCA), 2004
Historical data on juvenile offenders
A review from 2005 to 2019 shows a total of 22,000 juvenile cases reported in Pakistan.
Of these:
44% were under-trial cases.
Only 6% (2,620 cases) resulted in convictions.
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This indicates that a significant number of juvenile offenders remain in detention
awaiting prosecution for extended periods, highlighting inefficiencies in the judicial process.
In 2021 and 2022,
In the Punjab, there were around 540 minors in prisons
In Sindh, 260 minors were imprisoned.
In Khyber Pakhtunkhwa, there were 510 minors.
In Balochistan, there were 55 minors.
Most of these juveniles were under-trial, reflecting the ongoing delays and backlogs in
the judicial system. The UN Human Rights Commission benchmarked 14 years as the minimum
age for criminal responsibility The assumption behind this benchmark is that the person by this
age can fully comprehend the nature of his/her actions and their consequences. The Commission,
however, encouraged States to adopt a higher minimum age of criminal responsibility, if possible
Section 82 of the Pakistan Penal Code 1860 sets 10 years as the minimum age of criminal
responsibility, meaning that an offense committed by a child below this age cannot be considered
an offense. Section 83 of the PPC says that nothing is an offense done by a child who is above
ten and under-14 years of age. (Abbas, Chughtai, & Hussain, 2022)
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Juvenile justice process
Arrest, Release, and Detention
When a juvenile is arrested, he or she will be taken to a juvenile detention center. Within
24 hours, the juvenile will be brought before the court for a detention hearing. During this
hearing, the judge reviews the allegations, the juvenile’s history, and other circumstances to
determine whether detention should be continued or whether the child should be released to his
parent or guardian. The judge can release the child at the detention hearing or continue the
detention for up to 21 days.
Intake Assessment
In a juvenile case, the child will be assigned to a probation officer soon after arrest. A
Juvenile Probation Officer (JPO) will contact the child and family to schedule an interview to
gather information about the child, the family, the offense, etc. This interview is called an Intake
Assessment. The information gathered at the Intake Assessment assists the JPO in making an
assessment and developing a plan to address the offense. Some of the factors that the JPO will
consider are:
The nature of the offense
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The child’s family dynamic
Whether the child has a prior record
The risk that the youth presents to the community, and
Damages suffered by the victim as a result of the youth’s actions. The JPO presents the
results of the detention assessment and their intake assessment to the State Attorney’s Office with
a recommendation on how the case should be handled. The State Attorney’s Office will assign a
prosecutor to review the case and determine what charges, if any, will be filed against the
juvenile. The prosecutor is not required to accept the recommendation of the JPO, but routinely
do.
Judicial v. Non-Judicial Disposition
Judicial disposition means that the JPO sees the case as more serious. It means that a
formal charge, called a petition in juvenile court, needs to be filed. This means that the JPO has
handed the case to the state attorney for prosecution without input and further assessment. The
case can still be resolved with diversion, but it will happen later in the process if the state
attorney agrees.
Non-Judicial Disposition is the better option. This means that the JPO is recommending
that the state attorney NOT file a petition, and instead refer the case to a diversion program.
Diversion programs result in a full dismissal of all charges if they are completed.
The filing of formal charges in a juvenile delinquency proceeding is known as “filing a
petition.” The petition is the formal charging document used in delinquency cases and it will
contain the specific charges that are alleged to have been violated, the statute number, and the
date of the alleged criminal conduct.
Arraignment
When a petition is filed against a juvenile, they are entitled to a formal court proceeding
known as an arraignment. At the arraignment hearing, the juvenile will be formally advised of
the charges against them and will also be asked to enter a plea of guilty, not guilty, or no contest.
Having an experienced juvenile defense attorney is extremely important during this process to
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help the child and their parents/guardians fully understand the charges and advise as to the best
course of action.
Discovery
The filing of a petition launches the formal discovery process if it hasn’t begun already.
The discovery process typically involves the juvenile defense attorney as well as any other
members of the defense team reviewing the evidence that the prosecution possesses, deposing
potential witnesses, and looking for other favourable evidence. These efforts help expose
potential flaws in the case, while also providing concrete insight into the strength of the
prosecution. Further
a juvenile’s defense attorney will then advise them based upon this information to help
them make the best choice for how to resolve their case.
Trial
If no plea agreement is reached, then the case will proceed to trial. As mentioned above,
with juvenile cases there are no juries involved, and a judge directly decides all verdicts and
sentencing. The burden of proof is on the prosecution, and the state is required to prove “beyond
and to the exclusion of every reasonable doubt” that the defendant committed the crime. There is
no burden of proof on the defendant. Witnesses, including the victim, are subpoenaed to testify,
and be cross-examined by the defense.
Once the trial is completed, the judge will render the verdict. If the defendant is guilty,
the Judge may order DJJ to prepare a predisposition report recommending sanctions for the
child.
A predisposition report is an inquiry into the background, criminal history, and family
circumstances of the child. It is completed by the DJJ, then given to the defendant and their
attorney, the judge, and the prosecuting attorney. The report will include a sentencing
recommendation for the Judge to review. Even though the Judge may order the DJJ to complete a
predisposition report, they are not required or completed for every case.
Dispositional Hearings
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Once the trial is completed and the judge has rendered their verdict, a dispositional
hearing or sentencing hearing will be held. The judge will sentence the child in a manner they
deem appropriate for the crime and circumstances involved in each case. The Juvenile Court
has jurisdiction over the defendant until his or her 19th birthday (or, under some rare
circumstances to age 21.) (mowreylaw, 2024)
Major problem in juvenile system
Overall, youth are disproportionately represented in statistics on crime and
violence, both as victims and As perpetrators, and in many developed countries violent
crimes are being committed at younger ages than in The past. Moreover, there is growing
concern that, in some countries, the proportion of violent crimes Committed by youth has
been increasing:
Statistical data in many countries show that delinquency is largely a group
phenomenon. Between Two-thirds and three-quarters of all offences committed by young
people are committed by Members of gangs or groups, which can vary from highly
structured criminal organizations to less Structured street gangs. Even those young people
who commit offences alone are likely to be Associated with groups.
Though poverty and unemployment are not, by themselves causes of
violence, they become Important factors when coupled with other triggers such as lack of
opportunity, inequality, Exclusion, the availability of drugs and firearms, and a
breakdown in access to various forms of Capital, justice and education.
While adolescence can be an age of “breaking rules” evidence shows that
most first time offender Do not reoffend, and that diversion and other community-based
measures are the best responses to Offences committed by young people.
Incarceration, including pre-trial detention, is still used frequently
including for young people having committed very minor crimes (such as using drugs, or
stealing basic commodities).
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Law Definitions of child
West Pakistan ordinance Child means a person
Section (a) who has not completed
the age of 16 years.
Railway act 189 Section A minor is under the age
130 of twelve years.
National registration act Every citizen in or out of
1973 Section 4 Pakistan who has
attained the age of 18
years shall get himself
registered.
Punjab destitute and Child means a natural
neglected children act , person who has not
2004 Section 3(1)(e) attained the age of
eighteen years.
Factories act 1934 Child means a person
( Amend in 1997) who has not completed
Section 2 (c) his fifteenth year
Shops and establishment Adult means person who
ordinance 1969 Section has completed sixteen
2(a) years of age.
Pakistan citizenship act Minor means
1951 section 2 notwithstanding anything
in majority act ,1875,
any person who has not
completed the age of
twenty one years.
Vagrancy ordinance 1958 Child means a person
section 2(a) under the age of fourteen
years.
Juvenile smoking Juvenile means any
ordinance 1959 Section person who is under the
(c) age of sixteen years.
Crime committed by young people is mainly an urban phenomenon.
Evidence shows that the Probability of being a victim of crime and violence is
substantially higher in urban areas than in rural areas. (Bologna, 2023)
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Governmental institutions
Conclusion
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References
Abbas, H. G., Chughtai, A. M., & Hussain, K. (2022). Juvenile Justice System in Pakistan: A
Critical Appraisal. International Research Journal of Education and Innovation, 76-92.
Bilchik, S. (1999). Breaking the Cycle of Juvenile Crime. Trial, 36-41.
Bologna, C. (2023). Juvenile Justice. In C. Bologna, Resource Material Series No. 104 (pp. 30-
41). Tokyo: UNAFEI.
Cate, S. (2016). Devolution, not decarceration: The limits of juvenile justice reform in Texas.
Punishment and Society, 578-609.
CliffsNotes. (n.d.). A separate system for juveniles. Retrieved from CliffsNotes:
https://www.cliffsnotes.com/study-guides/criminal-justice/the-juvenile-justice-system/a-
separate-system-for-juveniles
Dowd, N. E. (2015). A New Juvenile Justice System: Total Reform for a Broken System.
Henning, K. (2018, November). The Challenge of Race and Crime in a Free Society: The Racial
Divide in Fifty Years of Juvenile Justice Reform. THE GEORGE WASHINGTON LAW
REVIEW, pp. 1605-1666.
mowreylaw. (2024, April 25). The Juvenile Court Process. Retrieved from mowreylaw:
https://www.mowreylaw.com/the-juvenile-court-process/
Weber, J., Umpierre, M., & Bilchik, S. (2018). Transforming juvenile justice systems to improve
public safety and youth outcomes. New York, NY: Council of State Governments Justice
Center.
Zimring, F. (2005). American Juvenile Justice.
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