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SOP - Children in Conflict With The Law Tout Rs
SOP - Children in Conflict With The Law Tout Rs
CHILD-FRIENDLY
POLICING
PROCEDURES FOR HANDLING CHILDREN
IN CONFLICT WITH THE LAW
AUGUST 2016
GHANA POLICE SERVICE
STANDARD OPERATING
PROCEDURES FOR CHILD-
FRIENDLY POLICING
PROCEDURES FOR HANDLING CHILDREN
IN CONFLICT WITH THE LAW
AUGUST 2016
TABLE OF
CONTENTS
FOREWORD I
TABLE OF CONTENTS.........................................................................................................................III
DEFINITIONS......................................................................................................................................... IV
A. GUIDANCE ON THE STANDARD OPERATING PROCEDURES...........................................1
I. Introduction......................................................................................................................................1
II. Objectives........................................................................................................................................2
III. Implementation and Monitoring.....................................................................................................2
IV. Guiding Principles...........................................................................................................................2
1. Police Consideration of the Best Interest of the Child.....................................................3
2. Adopting a Child-friendly Approach..................................................................................3
3. Upholding Children’s Rights..............................................................................................4
4. Priority to Diversion and Restorative Approaches...........................................................4
5. Arrest, Custody and Remand as a Last Resort...............................................................5
6. Non-Discrimination............................................................................................................5
7. Respect for Children’s Privacy and Confidentiality..........................................................5
V. Police Role in Crime Prevention....................................................................................................5
VIII. Release/Remand..........................................................................................................................19
IX. Reporting and Recordkeeping Procedures.................................................................................21
X. Referral Procedures for Children in Conflict with the Law..........................................................22
XI. Forms to Use for Children in Conflict with the Law.....................................................................23
ANNEX 1: FORMAL CAUTION WITHOUT CONDITIONS FORM 1A (JJA)....................................24
ANNEX 2: FORMAL CAUTION WITH CONDITIONS FORM 1B (JJA)............................................25
ANNEX 3: CID FORM NO. 6................................................................................................................ 28
ANNEX 4: STATEMENT FORM (CID FORM NO.30)........................................................................ 30
ANNEX 5: ELECTRONIC CASE DOCKET FORM.............................................................................31
ANNEX 6: REFERRAL FORM (PROPOSED]................................................................................... 33
ANNEX 7 – POLICE REMOVAL FORM: CID FORM NO. 77........................................................... 34
While the Government of Ghana has some legislative protections for children, enforcement is not as
consistent as it could be and the laws have not been effectively translated into the Ghanaian context.
Police officers are often the first people a child comes into contact with when in distress or in conflict
with the law. For children in the most vulnerable situations, a rights-based and professional approach
to their protection, rehabilitation and reintegration is mandatory, stemming from a Constitutional
guarantee, domestic laws and policies and Ghana’s international commitments, including the UN
Convention on the Rights of the Child, as well as its optional protocols. The Ghana Police Service has
relied on dated service instructions, limited training on child protection in its schools and has been
without clear procedures for handling children who come into conflict with the law, as well as those
who are victims or witnesses of criminal offences.
These Standard Operating Procedures update the Ghana police response to children in need of
care and protection who come into contact with the law. They will ensure that police treat children
consistently at a standard of practice that recognises their welfare first, as well as their specialised
needs in the justice system. This will enable our children to develop and flourish to become active
contributors to the future of Ghana.
Thanks to the support of UNICEF, the Ghana Police Service is on its way to become a child-friendly
service that will respond humanely and sensitively to uphold the rights of children in the justice system.
A cadre of police personnel from all regions of Ghana will be trainers and “change agents” for their
peers, promoting and building capacity in child-friendly policing.
The Inspector General Police, Dr John Kudalor and the Police Management Board, pledge their
commitment towards the full implementation of the SOP.
The Ghana Police Service is particularly grateful to UNICEF for their invaluable support towards this
initiative.
I. Introduction
The Ghana Police Service (GPS) recognises the importance of protecting children and juveniles from
involvement in crime and victimisation by others. The development of these Standard Operation
Procedures (SOPs) demonstrates the commitment of the GPS to ensure child-friendly policing in
Ghana. These procedures are consistent with international and regional standards and best practices
internationally and nationally, such as the UN Convention on the Rights of the Child, 1990, Guidelines
for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), Rules for the Protection of Juveniles
Deprived of their Liberty (the Havana Rules) and Standard Minimum Rules for the Administration of
Juvenile Justice (Beijing Rules). Most importantly, these procedures are in line with Ghana’s child
protection legislation and domestic policies, including, but not limited to:
Given these factors, the Ghana Police Service (GPS) is committed to ensuring a specialised approach
for handling children that takes into account their vulnerability, their developing personality, their
specific needs for education, and their limited emotional, mental and intellectual maturity. This
specialised approach will help the GPS to better tackle juvenile crime and improve public safety by
helping children to understand and take responsibility for their actions, and assume a constructive
role in society.
¡¡ Provide guidance in handling children who are arrested or alleged to have committed a crime,
referred to as children in conflict with the law;
¡¡ Set the standards of practice for the processing of children who come into conflict with the law;
¡¡ Advance standardised practices for police in handling all children who are alleged to have
committed an offence;
¡¡ Enhance collaboration among key stakeholders, governmental and nongovernmental, who
support police efforts to protect children from harm and rehabilitate and reintegrate children
back into their families and communities.
These standard operating procedures will be monitored and evaluated to ensure their proper
implementation and the establishment of safeguards to protect children. Every police station will
make manuals easily accessible to all police officers who come into contact with children.
Members of the GPS will ensure that they exercise their discretion in an appropriate, fair and professional
manner when dealing with children. Police decisions regarding children must be transparent and able
to be justified. In all actions taken in relation to a child accused of an offence, the Ghana Police Service
must consider community safety and the needs of the victim, but ultimately make a decision based
on what is best for the child. In determining the best interest of the child, police officers will consider:
The police shall at all times treat children with professionalism, fairness and respect. Fair and
respectful treatment of children prevents unnecessary conflicts and distrust and will assist in building
long-term, positive relationships between children and police. Respecting the rights of children
demonstrates the importance of respecting the rights of others and helps promote law-abiding
conduct.
In all interactions and communication with children in conflict with the law, police officers must adapt
their approach to ensure the child’s physical safety and to take into account his or her young age.
This includes minimising the use of force, adopting a more friendly tone, using simple language and
explanations in words that the child can understand, and not using harsh, coercive or abusive tactics.
The GPS will also take measures to ensure that police stations provide privacy to children in conflict
with the law, and that a physical space is adapted to accommodate children and create a more
welcoming environment, such as using lower furniture and desks and less formality, child-friendly
colours, posters, toys and books, for example.1
1 It is recognised that the development of child-friendly space within each police station will take time and, as such, the SOP recommends at a minimum that
police make every effort to find a private area inside or outside of the station to speak with children, and, where possible, that each station find a space to
adapt in a child-friendly way.
¡¡ Be informed of the charges against him/her in a language he/she understands and to read the
arrest warrant at any time;
¡¡ Remain silent;
¡¡ Have a parent, guardian, close relative or probation officer present at the proceedings;
¡¡ Legal representation; and
¡¡ Legal Aid.
The child’s right to participate and be heard in all procedures will be upheld by the police by ascertaining
the child’s views during all stages to have the child’s opinions taken into consideration. (Justice for
Children Policy 2015) This begins with the pre-trial stage, when the child has the right to remain silent,
as well as the right to be heard by the police, prosecutor and judge, and it continues throughout the
stages of adjudication and disposition, including the implementation of the imposed measures. The
child, in order to effectively participate in proceedings, must be informed not only about the charges,
but also about the juvenile justice process and possible measures.
6. Non-Discrimination
The GPS will ensure that all children are treated fairly and equally. Police officers shall not discriminate
against a child on the grounds of gender, race, age, religion, disability, health status, custom, ethnic
origin, rural or urban background, birth or other status, socio-economic status or because the child is
a migrant or refugee. In all cases, the police shall accommodate a child’s needs based on language,
accessibility and any other required accommodation.
The GPS will ensure that the privacy of children in conflict with the law is respected and protected. All
files in relation to a child will be kept strictly confidential, and information shared only with appropriate
authorities. In their interactions with the public and media, the police will ensure that they do not share
any information that might reveal the identity of a child who is alleged, accused or convicted of an
offence (Juvenile Justice Act, 2003; Justice for Children Policy 2015).
¡¡ Developing relationships with community leaders, teachers, religious leaders, social welfare
officers and members of agencies, institutions and nongovernmental organisations (NGOs) that
can intervene to support a child at risk;
I. Initial Contact
Police most often come into initial contact with a child in conflict with the law in the following ways:
¡¡ While performing duties in the community, a police officer may observe a child committing an
offence or be called upon by someone in the community who alleges that a child just committed an
offence (such as a market vendor saying that a particular child just stole an item from his stall); or
¡¡ When a child has been accused of an offence and apprehended by a citizen (who may or may not
also be the victim of the offence) who brings this child to the police station; or
¡¡ When a complaint about the child has been received at the police station and a warrant for his or
her arrest has been issued by the Magistrate of Juvenile Court; or
¡¡ When a child willfully obstructs a police officer in the execution of police duties.2
Follow the procedures below when you come into contact with a child alleged to have committed an
offence or whom you have witnessed committing an offence:
It is common for a child in conflict with the law to also be in need of care and protection at the same
time. This is especially true for children living and working in the street and children without parental
care. In these cases, you need to use your judgment and decide on the best course of action. For
example, if the offence is not serious, but the child requires medical attention immediately, treat the
child as being in need of care and protection. Children in need of care and protection shall be treated
as outlined below, regardless of their age.
2
Juvenile Justice Act, 2003, Section 5
b. Age Determination
You must determine the age of the child in order to know how to proceed. Remember that a child
below the age of 12 at the time of the commission of an offence is deemed incapable of committing
a crime and cannot be subject to criminal proceedings (Criminal Offences Act, 1960 (Act 29) sec.
26).This means that the child is not criminally responsible and cannot be arrested or held in police
custody. Nor can you issue a police caution to this child, since he or she is not criminally liable.
¡¡ Ask the child his or her name and how old he or she is.
¡¡ If he or she does not know, or if you do not believe the child, ask questions about events that
will give you an idea of the child’s approximate age. For example, ask “Do you remember the
eclipse (2006)?” or “What were you doing when President Mills died (2012)?” or “How old were you
when the big boat capsized on Lake Volta (2006)?” or “What class were you in at school when US
president Obama visited Ghana (2009)?” Select an event that is appropriate for your region.
¡¡ Use your judgment based on other children you know, but if you are not sure, always treat him or
her as a child.
¡¡ Never make assumptions based purely on a child’s physical appearance. Children, particularly
teenagers, develop at different rates and may grow tall or develop facial hair well before their 18th
birthday.
¡¡ Do not expect a child to carry proof of identity, but when you contact the child’s parent/guardian/
responsible adult you can ask them to bring identification, if possible.
As part of the investigation, the police should collect evidence to confirm the child’s age. This can
include:
If the child is below 12 years of age and is in conflict with the law:
¡¡ Take the child home to his or her parents, guardian or closest relative and discuss a plan of
delinquency prevention. If the offence is serious 3, the child has previously offended or the family
is unable to deal with the child’s delinquency, refer the family to a probation officer/social welfare
officer at the district Department of Social Development/Welfare or a fit person or suitable
child-focused NGO for counselling and rehabilitation, as recommended by the probation/social
welfare officer. Remember, you cannot issue a police caution to a child below the age of criminal
responsibility.
If the child is at or above the age of criminal responsibility and is alleged to have committed an offence:
¡¡ Consider alternatives to arrest as noted under the Juvenile Justice Act and the Justice for Children
Policy, such as informal caution, mediation or referral to community resolution.
Remember, even children who are persistent offenders are usually also in need of care and
protection. Family environment and life circumstances (poverty, living in the street, etc.) should be
taken into account when considering how best to help the child. Use the least intrusive intervention
when handling a child in conflict with the law in order to minimise trauma and stigmatisation and to
maximise opportunities for a child to correct his or her behaviour.
3 “Minor offences” is only defined in section 60 of the Juvenile Justice Act as matters such as petty theft, petty assault and threatening offences. Serious
offences are offences such as robbery with aggravated circumstances, indecent assault involving unlawful harm, rape, defilement, murder, drug offences
and offences related to firearms (Juvenile Justice Act, 2003, sect. 46.8 ).
a. Informal Caution
An informal caution is an alternative to arrest. It consists of an unofficial verbal reprimand of which
no official record is required to be kept and is often used when a child is remorseful, is a first time
offender and she or he has been involved in a minor offence such as petty theft, petty assault and
threatening offences. (Juvenile Justice Act, 2003, sect. 12) Informal cautions shall only be given when
you have witnessed the child offending and/or the child has admitted responsibility for the offence.
Children must be at or above the age of criminal responsibility for you to issue a police caution.
Informal cautions are given at the discretion of the officer.
a. Formal Caution
A formal caution is also given to a child in order to limit the child’s interaction with the criminal justice
system and offer the best chance for a child to correct his or her behaviour. It may be either without
conditions or with conditions. The decision to officially caution a child must be made by a senior
officer on the recommendation of a probation officer, public prosecutor or magistrate. (Juvenile
Justice Act, 2003, sect. 12)
A formal caution may be used when a child has been involved in a minor offence, such as those listed
under the informal caution, and it is very clear that the child has broken the law (for example, you have
witnessed it). The child must admit responsibility for the offence. Formal cautions can be given when
this is the child’s second offence or when you wish to have the child understand the seriousness of his
or her behaviour. A formal caution constitutes an official record to be held in the Register of Formal
Cautions.4 The child’s parent/guardian or close relative must be present and notified since there will
be a record of the incident. In the absence of a parent, guardian or close relative, the formal caution
shall be given in the presence of a probation officer.
A formal caution without conditions is an official warning to the child to immediately change his or her
behaviour. The child is not required to do anything other than to receive the official warning. Formal
4 This register is to be made available to the Department of Social Development/Welfare (Juvenile Justice Act, 2003, sect. 12.9) and expunged five years after
the date on which it was entered (sect. 12.10).
A formal caution with conditions is an official warning that includes certain conditions that must be
met in order that the police refrain from further action. These conditions may include:
¡¡ The condition must be appropriate to the child’s age and maturity and proportionate to the
circumstance of the offence.
¡¡ The condition must not interfere with the child’s schooling or income-generating activities upon
which the child and his/her family depend.
¡¡ The police should seek the consent of the child and his or her parent/guardian or close relative for
the action. If they do not consent, advise them that the alternative is to arrest the child.
If you are instructed to use a formal caution, either with or without conditions, follow the instructions
you are given by your senior officer. Record information for the caution in Form 1A (without conditions)
or Form 1B (with conditions)6 . File the caution in the Formal Caution Register at your police station.
In the case of a formal caution with conditions, you may need to regularly follow up on the conditions
of the caution to ensure that the child completes the undertaking and no further police action is
warranted7.
Remember, children can only be arrested by the police where the facts of the alleged crime warrant it
and the law permits it. If a child must be arrested, refer the file to the nearest Domestic Violence and
Victim Support Unit (DOVVSU) office, which has the mandate to handle children in conflict with the law.
If there is no DOVVSU office in the area, continue to process the file yourself, following the protocol
outlined in this document and asking for DOVVSU guidance, where necessary.
When an arrest is the only option available to you, obtain a warrant of arrest from the Magistrate of the
5 These conditions are outlined in the Juvenile Justice Act.
6 Both the formal caution without conditions and the formal caution with conditions are attached to this SOP.
7 The Justice for Children Policy 2015 also makes reference to accountability conferences, family group conferences and victim-offender mediation as
options for diversion. At this point in time, these procedures have not yet been developed, however, police should be aware that these procedures will be
implemented in the future and police roles, functions and responsibilities regarding these processes will need to be fully articulated.
¡¡ Privately inform the child of the reason for his or her arrest and the charges against him or her.
If the arrest is under warrant, explain the content of the warrant and allow the child to read it, if
he or she wishes.
¡¡ An arrest must respect the dignity and well-being of the child and minimum force should be
used. (Juvenile Justice Act, sect. 4.3)
¡¡ Do not use handcuffs, weapons, firearms or other instruments of force or restraint. In
exceptional cases, minimal force, handcuffs or restraint may be used, but only where there is a
risk that the child will harm him/herself or others or escape, and all other methods of control have
been exhausted or have failed. If handcuffs must be used:
»» Extreme care must be taken when handcuffing youth in every situation, every time.
»» Once handcuffed, youth must remain under constant supervision.
»» An officer should have plastic “flex-cuffs” on hand to use to restrain a youth.
»» Handcuffs must never be used for detention purposes, such as handcuffing a youth to a
pole, chair or fence. This is dangerous to the child, ineffective and opens the door to serious
wrongdoing by the police officer if the child is injured.
¡¡ Immediately explain the child’s due process rights, using simple language to explain that he/she
has the right to:
»» Be informed of the charges against him/her in a language he/she understands and to read
the charge sheet at any time;
»» Remain silent;
»» Have a parent, guardian, close relative or probation officer present at the proceedings;
»» Legal representation; and
»» Legal Aid. (Juvenile Justice Act, 2003, sect. 3 & 22)
¡¡ If the child does not understand or speak the same language as the arresting officer, an interpreter
shall be provided, free of charge, in the language or dialect understood by the child.
¡¡ Notify the child’s parents, guardian or close relative of the arrest and the reasons for it as
soon as possible. If the child’s parent, guardian or close relative cannot be located, then notify
a probation officer and cooperate with him or her to trace a family member or other responsible
adult to take responsibility for the child.
¡¡ If you are arresting a child at the scene of the offence, be sure to gather relevant information and
evidence from the scene.
¡¡ If you have not already done so, notify a probation officer as soon as possible after the arrest of
a child so that he/she can begin to trace the child’s family and begin the processes of preparing a
social enquiry report and assisting with age determination, if necessary.
8 Arrest without warrants can be made by police when the juvenile a) commits an offence in the presence of the officer; obstructs a police officer in execution
of police duties; has escaped or attempts to escape from lawful custody; is in possession of any implement adapted or intended to be used for the unlawful
entry of a building without reasonable explanation for the possession or when there are reasonable grounds of suspicion that the juvenile a) has committed
an offence; b) is about to commit an offence where there is no other way of preventing its commission or the surroundings indicate that an offence could be
committed; and c) is wilfully obstructing the police officer in the execution of police duties. (JJA, Sect. 5)
It is essential that children in conflict with the law are accompanied and supported by a parent,
guardian, lawyer or other supportive adult at all stages of the process. Even when an older child
appears to be an adult, he or she is developmentally still a child and needs emotional support and help
from an adult to understand legal proceedings and prepare a defense. Police must assist children with
contacting an appropriate adult. Remember that family tracing and family notification must begin
at the earliest possible stages, so that children can benefit from parental support throughout the
process (Justice for Children Policy 2015).
Remember, children should always be treated with respect, ensuring their dignity and well-being
throughout the transfer. As far as practicable, female children should be transported by female police
officers. (Juvenile Justice Act, 2003, sect. 15.4)
¡¡ Immediately inform your superior that you have a child with you
¡¡ If you have not done so, immediately notify the child’s parents/guardian/close relative or responsible
adult (identified by the child)
¡¡ Complete a Statement Form and ensure that it is placed in a separate registry for children who
pass through the police station
¡¡ The number of interviews should be limited to as few as possible. This means that the child should
not be subject to interviews by a patrol officer, followed by interviews at the station by other officers
before an investigator is assigned to the case. The investigator shall conduct the interview.
¡¡ All interviews with children should be conducted in a safe and private environment where children
feel comfortable and free to discuss issues with the police. The setting must be comfortable and
both physically and psychologically safe for children and their family members. If there is no child-
friendly space available within the police station, request the use of another stakeholder’s child-
9 With the exception of the DOVVSU national headquarters, no police station at the time of drafting this SOP had a child-friendly space. Until child-friendly
spaces are set up, it is recommended that police try to adapt a space for privacy in their own stations, use a child-friendly space nearby or find a small
space outside of the station, if possible, to provide some privacy and comfort for interviewing children.
10 Electronic recordings are not currently used by the GPS for interviewing juveniles. There are legal requirements for such statements to be accepted in court
proceedings which should be taught in the Detective Training School, once and if electronic recordings are implemented as part of regular practice.
»» Understanding the case well enough to know what information needs to be collected;
»» Assessing what evidence is already available and how it can be obtained;
»» Assessing what evidence is needed and how it can be obtained; and
»» Preparing the logistics of the interview, including recording devices, stationery, location
and the presence of a parent/guardian/close relative or probation officer, as well as legal
representation, if requested.
Remember - in the best interest of the child and the accuracy of the evidence, interviewers must pay
attention to the child’s emotional and physical needs. Plan to take regular breaks. Be mindful of a
child’s attention span, nutritional needs and bodily functions. Avoid multiple and lengthy interviews.
Set up a space for a child-friendly interview, insofar as you are able.
Before the child can be interviewed, a parent, guardian, close relative and/or legal counsel for the
child must be present to offer support and advice. If none of the above are available or the police do
not consider it to be in the best interest of the child to have them present, a probation officer must be
present. The police shall not proceed without this person(s) present. (Juvenile Justice Act, 2003, sect.
13). If the child or his/her family has requested legal representation for the interview, a lawyer must
be present during questioning.
¡¡ Sit beside the child and not directly across from him or her. Adopt an open body language and use
language appropriate to the child’s age and development.
It is important to devote sufficient time to rapport-building. This will enable the child to relax and feel
more comfortable, allowing for more complete and accurate information collection. This step will
also allow you to become familiar with the child’s level of communication and development, which will
assist you to communicate effectively with the child for the rest of the interview.
¡¡ Tell the child that you would like to get to know him or her better and want to learn about him
or her. Ask the child about: a favourite subject at school, favourite activities during free time,
favourite books, games, sports or movies.
¡¡ This is an opportunity to model what will happen in the interview by using prompts for more
information. For example, if the child’s favourite sport is football, ask him or her, “Tell me more
about football.”
¡¡ To develop an understanding of the child’s recall and the level of detail about an event he or she
usually provides, ask the child to describe an event such as Christmas, the first day at school, Eid
al-Fitr, or some other special occasion, providing detail about what he or she did.
Be flexible during this phase. If the child is a teenager, it may not be necessary to devote much time to
rapport-building. Instead, he or she might wish to get straight to the interview.
During this phase you must also stress to the child the importance of telling the truth.
3. Account
This is the phase in which you obtain the child’s recollection of events, trying to obtain the fullest
possible account from the child in order to learn what happened and how he/she was involved.
Free narrative is the most reliable source of accurate and untainted information from a child and is
consequently the most important phase of the interview.
¡¡ Tell the child that you would like to begin the interview to understand what happened. Ask him or
her to describe what happened, from the beginning, in his or her own words. Allow the child to
speak uninterrupted, as this will provide the most important information for your understanding
of the case. You want to learn:
»» What happened?
»» Where did this happen?
»» How did this happen? How was the child involved, if at all?
»» When did this happen?
»» Who was there when it happened and what did they do?
»» Why did it happen?
»» How is the child now feeling about what happened?
¡¡ Advise the child that you will be taking notes and that he or she has the right to view these at the
end of the interview. Tell him or her that you will only share information with people who will be
involved further in the investigation and proceedings – the prosecutor, the magistrate and the
probation officer at the Department of Social Development/Welfare.
¡¡ Ask the child to begin.
¡¡ If he or she stops or pauses during the free narrative, encourage him or her with prompts, such
as, “What happened next?”; “Then what?”; “Tell me more about that”.
Remember to keep calm and underline that your role is to understand what happened. Be firm, but
also be respectful. Aggression may cause the child to shut down or push back (argue). Use a calm,
focused and non-confrontational verbal approach. Children are particularly attuned to verbal and
nonverbal judgment from adults, so you should refrain from any actions which could be interpreted as
negatively judging the child.
When seeking additional information, use language appropriate to the child’s age and maturity.
Children and adolescents do not have adult capacity to organise thoughts. They may need more time
to process information. Use the same terms used by the child during the course of the interview and
in note taking.
¡¡ After the interview, summarise the important points covered by the child to make sure you
understood correctly.
¡¡ Ask the child to verify that you have understood correctly.
¡¡ Ask if the child has any questions and be honest in your responses. Never lie to a child.
¡¡ Explain what will happen next to the child and his/her parents/guardian. You could say something
along the lines of:
»» “The next step is for me to review your case with a prosecutor who will decide if the charge
should continue and go forward to court. If the prosecutor thinks it should go forward, I will
collect evidence and finish the investigation. If not, you will be free to go.”
»» “If your case goes forward, I will take you before the juvenile court, which will decide whether
you go home with your parents/guardian or whether you will stay in a special shelter to await
your trial. The decision has to be made within two days.”
»» “You will then be told to come to the juvenile court to have your case heard. Your parents/
guardian can be with you, a probation officer will be there, and you can have a lawyer present
helping you to understand the case.”
»» “Before your trial begins, the juvenile court might instead have you appear before a community
panel which is mostly made up of community members and a social worker. For this to happen
though, you must be guilty and be prepared to take responsibility.”
»» “Otherwise, you will go through a trial. If the juvenile court decides you are not guilty, you will
be free to go. If you are found guilty, the court will also decide what your sentence will be. You
could be released to your parents, asked to do some kind of service activity, put on probation
or sentenced to spend time in a corrections centre. “
Answer any further questions that the child and his or her family may have. The interview is finished.
Write up the details from the interview and attach to the Investigation Caution Statement. Maintain
absolute confidentiality of all information and records of the child’s case. (Juvenile Justice Act, 2003,
sect. 3) Only the police officers, probation officer, prosecutors’ office and judicial officers shall have
access to such records.
Your next step is to inform the police prosecutor of the case details, provide the Investigation Caution
Statement and investigation notes and seek guidance about the next steps. If the prosecutor advises
you to continue investigating, you will proceed with interviewing witnesses and/or the complainant, if
appropriate, and gathering evidence from the crime scene. Only if necessary, you may interview the
child again as part of your investigation. Your role is to seek corroborating evidence to either exonerate
the child or confirm his/her guilt. The procedures you follow to conduct investigations have been
developed by the Criminal Investigation Department and are not reiterated here.
VIII. Release/Remand
Release refers to when a child is sent home with a parent/guardian from the police station after
being arrested and interviewed. Instead, she or he is released on self-recognisance (agreeing
to appear before the juvenile court upon receiving a summons to answer to the charges made against her/
him and that, until such time, she/he will be on good behaviour) or the recognisance of a parent or
The Juvenile Justice Act makes it clear that the presumption in children’s cases is that they will be
released by the police. Section 14 says that a juvenile under arrest shall be released by the police
on self recognisance or a recognisance entered into by a parent, guardian, close relative or other
responsible person, unless:
Remember, it is most often in the best interest of the child to be released into parental/guardian care,
instead of being held at the police station or in remand while you await a judicial order about how to
proceed. Detention is a measure of last resort or where there are no other appropriate measures and
children should only be held for the shortest appropriate amount of time.
Holding a child is mandatory for “serious offences”, defined in section 46 of the Juvenile Justice Act as
offences such as robbery with aggravated circumstances, rape, defilement, indecent assault involving
unlawful harm, drug offences, offences related to firearms and murder.
If it is not possible to release the child and detaining the child is unavoidable, proper procedures must
be followed to secure a remand warrant from a juvenile court as soon as possible, and definitely within
the time frame specified by national legislation (48 hours). The child should not be in police custody
for more than 48 hours. This includes over the weekend. A magistrate must be found within 48 hours
to issue a remand warrant or release from custody for the child.
If there is no child-friendly holding area at the police station, the child shall be taken to the nearest
children’s remand home, shelter or released to a responsible adult, if no remand homes or shelters
are available.
In police custody children are never permitted to be held with adults or children of the opposite sex.
Children must never be physically restrained unless absolutely necessary to protect the child or
another person. The restraint used should not cause humiliation or degradation and be only for the
shortest appropriate period of time.
The personal needs of the child are paramount. The child should be in adequate facilities with all
necessary provisions, such as physical comfort, a bed for sleeping, sanitary conditions, access to food
and clean water for drinking and bathing. A child in police detention has the right to adequate food,
medical treatment if required, reasonable visits from parents, guardians, lawyers and close relatives
and any other conditions necessary for the welfare of the child. (Juvenile Justice Act, 2003, sect.15.6).
Children are free to wear clothing of their choice.
If a magistrate is found right away and the court issues a remand order for the child, the police are
responsible for transporting the child from court to the remand home. The police shall bring the
If a child is remanded into custody, police must complete the investigation of the case as expeditiously
as possible to ensure the shortest possible duration of detention.
If the juvenile court grants bail or recognisance to the child, the child is released from the court to his
or her parents or guardian and the police officer shall contact the remand home to inform them of the
child’s bail or recognisance. In cases where no one stands for the child’s bail, the police will return the
child to the remand home.
A comprehensive information management system for child protection shall be followed at police
stations. Separate records (with colour coded files) and use of a confidential database for cases
involving children in conflict with the law are required of all police. At a minimum, records will contain11:
11 The case docket electronic document file includes all of this data and can be printed off for use at stations without web access until they come on line.
The most common referral agents for children who come into conflict with the law include the
following:
¡¡ Registered medical professionals – when a child requires medical, including psychiatric, attention
and treatment
¡¡ Legal aid – as soon as there is intention to question the child, legal support and guidance must be
made available to the child if she/he and/or the family requests it
¡¡ Probation officers / social welfare officers - must be notified as soon as possible after a child is
arrested. They assist with family tracing as necessary, and must attend interviews in the absence
of a parent/guardian. They can provide psychosocial support to the child once he or she leaves the
police station, as well as overseeing diversion processes when the child is diverted from the formal
justice system. They are also responsible for completing a Social Enquiry Report, as ordered by
the juvenile court, should the child be formally charged. When the court sentences a child to
probation, probation officers oversee the child’s progress. The Justice for Children Policy foresees
a role for probation officers to convene and sometimes participate in mediation and community-
based resolution processes, although these are not yet fully developed, nor implemented.
Tel. No.
Station: Area:
Police Station Caution Ref. No.
To:.................................................................................................(Police Commissioner)
Residential/Postal
Address
Telephone No.
Sex Male Female
Age
Identity No
Offence
Signed on this.............................
FORM 1B
To:........................................................................................(Accused Name)
Contact Particulars:
Address:
Sex: Age Identity No:
Male Female
Offence:
As you have admitted committing the above offence and are taking responsibility for your actions,
you are being given a chance. You are hereby reprimanded. You are warned not to commit the
offence again. A copy of the formal caution will be sent to the Regional Police Commander. A
record of your offence will be kept there for two years. If you commit another offence, this caution
may influence the way you are dealt with.
People present:
Parent
Guardian
Close relative
Probation Officer
Other
Details:....................................
Return.................................................................................................................
Fix or repair.........................................................................................................
at................................................................................................................................
Other..........................................................................................................................
(tick as appropriate)
Should you fail to comply with the above conditions, your case will be referred back to the
probation officer to decide what further action to take in terms of the Juvenile Justice Act.
.......................................... ..............................................
................................................. ..............................................
(Used as to take both Investigation Caution Statement and Charge Caution Statement)
Name _______________
Address _____________
Phone ______________
Sex {fixed data field: M/F} Age {fixed data field: 0-2, 3, 4, …} Race/ethnicity {fixed data field}
Occupation __________ Literate {fixed data field: Yes/No} Language {fixed data field}
Offences as Reported:
Accused:
Name _______________
Address _____________
Phone ______________
Sex {fixed data field: M/F} Age {fixed data field: 0-2, 3, 4, …} Race/ethnicity {fixed data field}
Occupation __________ Literate {fixed data field: Yes/No} Status {fixed data field}
Detained –police
Detained- court remand
Released-own recog
Accused Juvenile: {fixed data field: Yes/No} Released-family recog
Diversion used {fixed data field: Yes/No} List of types of diversion developed through J4C
policy
Referral Contact Name _______________________
Organisation__________________________________
Telephone____________________________________
Property stolen/recovered: _______________________________
Victim:
Name ________________
Address _____________
Phone ______________
Sex {fixed data field: M/F} Age {fixed data field: 0-2, 3, 4, …} Race/ethnicity {fixed data field}
Occupation __________ Literate {fixed data field: yes/No} Language {fixed data field}
Name ________________________________________________________________________________
Address______________________________________________________________________________
Address of school______________________________________________________________________
13
Should this be Station Diary Reference, RO no., automatically generated case file number or other?
Standard Operating Procedures –Protocols/Procedures for
Children in Conflict with the Law Page 33
STANDARD OPERATING PROCEDURES –
PROTOCOLS/PROCEDURES FOR 33
CHILDREN IN CONFLICT WITH THE LAW
ANNEX 7
POLICE REMOVAL FORM:
CID FORM NO. 77
ANNEX 7 – POLICE REMOVAL FORM: CID FORM NO. 77
(PROPOSED)
(Proposed)