Preliminary
Child
A person who is under the age of eighteen.
Court
Any court that hears a matter where the person charged is a child or a juvenile.
Diversion
The redirecting of the juvenile away from the formal court procedures to informal procedures.
Juvenile
A person who is fourteen years old or older but under eighteen years of age.
Parent
Includes any person who has the custody or control of the child or juvenile as a parent or guardian and who is under a legal duty to provide for the child or juvenile.
Some of the principles to be applied when the court has to treat a child/juvenile are:
• The best interest of the child is of importance.
• The well being of the juvenile must be promoted.
• Detention is to be a last resort or option.
• Encouraging the family of the child/juvenile to act/take responsibility for the child/juvenile.
Care must be taken to ensure that children/juveniles are separated from adults.
Innocent until proven guilty
It is presumed that no child under the age of fourteen is capable of or guilty of committing a criminal offence unless an evaluation of child proves otherwise. If a child is found to have the capacity to commit a criminal offence then the child shall be treated as a juvenile under this Juvenile Justice Act.
Submission of a written report
When a child is charged the court must order that the child be examined by a child care worker and the person who examines the child must submit a written report to the court within thirty days of the date of the order.