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SHOCKING: What is so wrong with our justice system when a 14-year od is IMPRISONED
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In what can only be seen as a complete flaw with serious and fundamental failings in the Criminal Justice System, a young 14-year old female has already spent a couple of nights incarcerated in prison.
This young juvenile appeared before a Juvenile Court answering to charges, it is alleged that this youngster with another person set fire three times to scrub at the battlements at West Place of Arms, is also alleged she made a bomb hoax.
The problem arose regarding this girl's bail, when due to some family situation which resulted in the youngster not being able to return to her family home, leaving her with no place to stay.
The presiding Stipendiary Magistrate was willing to consider bail, even though the youngster in past had breached her bail conditions on more than a few occasions.
The court however was then left with a real quandary in its hands, as neither the youngster nor her legal representative could provide the court with a suitable address and guardian.
It is at this point that under such circumstances the Justice System should kick in and come into its own, this by providing alternative arrangements for such a vulnerable age group. It appears the Justice System is not equipped and does not cater for such eventualities, giving the Stipendiary Magistrate no option but to remand this 14-year old girl into custody.
In fact Social Services and the inadequate Justice System were unable to come up with some alternative arrangements for this child's welfare, so this young female faced the prospect of being imprisoned until she had to return to court following the bail.
Concerned by what was happening, a person has come forward as a temporary guardian and thus the girl has been released from prison.
That, in no way, detracts from the inadequacy of the justice system. It really is disturbing that the prison has to be used as a convenient place to park innocent children, because in effect and like anyone else, this young girl ‘is innocent until proven guilty’.
What facilities are available in an adult prison to look after the needs of a vulnerable youngster, a female at that, who may have her own specific needs and requirements?
Interesting to note are the comments attributed to the Minister for Family, Youth and Community Affairs whose responsibilities also include overseeing the work of the Social Services Agency, who is reported as saying that Social Services Agency have to assess the potential risk to other people in its care when dealing with cases involving allegations of serious offences. The Minister is also alleged to have said that ‘Gibraltar was too small to have the necessary facilities to deal with all eventualities, as would happen in larger communities, and that serious cases that went beyond the scope of existing resources were rare.'
Well, it’s obvious that the specific needs of juveniles particularly this youngster and in such circumstances, have completely been overlooked by society and the weak and absent justice system.
Youth crime or criminal issues of this nature involving juveniles are rare or unusual,we are told, forgetting, that this is the 21st century, where crime in Gibraltar has been on the increase for a number of years and still rising.
The fact that the Criminal Justice System or the Government have not thought it necessary or have failed to incorporate specific policies for dealing with juveniles in custody does not mean we don’t need them; it really is worrying to say the least.
We are talking here about the most vulnerable members of society, those that need help and guidance the most, why shouldn’t young people receive the same protection from the Justice System as everyone else? Of course Gibraltar should have an effective and decent youth justice system which is focused on helping children out of trouble rather than criminalising them and even before the case has been heard in Court.
Sticking youngsters in prison even before a court hearing, because the system does not cater for them, must be a great and novel way of rehabilitating young people, helping them and guiding them back into society as reformed members of this community.
While we must protect public safety, we must also provide better approaches within the justice system directed at young people who get in trouble.
Experts say that ‘Young Adolescent or Juvenile’ brains are still developing; this gives youngsters less ability to think like adults and consider the ramifications of criminal behaviour. Gibraltar or our Criminal Justice System must take this into account and have systems in place to deal with these eventualities effectively; sending youngsters like this young girl to prison on remand will certainly give her time to consider the ramifications of her behaviour (if she did anything) BUT AT WHAT COST!
There are those in authority who appear to be somewhat out of touch with local crime, and the problems associated with a small element of youths in Gibraltar.
The Justice Minister may also have noted this massive hole in the justice system and take it on board, with all the other changes he has embarked on in the current revamping of the Criminal Justice System.
09-07-10
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