Jurisdiction of the Juvenile Court

Jurisdiction of the Juvenile Court 

Exclusive jurisdiction 

The Juvenile Court has exclusive jurisdiction to hear and determine charges except homicide against: 

1. Children: Persons under the age of 14; and 
2. Young persons: Persons aged 14 or above but under 16. 

In other words, criminal charges against juveniles must be heard and determined by the Juvenile Court rather than an adult court of summary jurisdiction. 

Children under 10 cannot be prosecuted for a criminal offence. The law treats them as conclusively incapable of committing a crime, so the Juvenile Court has no jurisdiction to deal with the case. 

For a person who was 10 or older when the offence was committed, the key question for determining whether Juvenile Court can deal with the case is not his age at the time of the offence but his age when he is formally charged. 

If the person turns 16 before being formally charged, he no longer falls within the statutory definition of a “young person” for Juvenile Court purposes. In that situation, the case must be dealt with as an adult case, either in an adult Magistrates’ Court or, where appropriate, in a higher court. 

However, if the Juvenile Court sits to hear a charge against a person believed to be a juvenile, it may proceed to a final hearing and determination even if it is subsequently discovered that the individual was actually 16 years of age or older at the start. Furthermore, an order or judgment is not invalidated by subsequent proof that the defendant’s age was incorrectly stated or presumed. 

Homicide cases 

Homicide cases involving juveniles must be tried in the Court of First Instance of the High Court. 

Although the Juvenile Court does not try homicide charges, it has implied jurisdiction to conduct committal proceedings in homicide cases to determine if there is sufficient evidence for the case to be tried in the Court of First Instance. 

Exceptions to exclusive jurisdiction 

Although the Juvenile Court usually has exclusive jurisdiction, a Magistrates’ Court that is not the Juvenile Court may deal with a child or young person in certain situations: 

(i) Joint charges with an adult 

The Magistrates’ Court may deal with a juvenile where the juvenile is charged jointly with a person who has already reached the age of 16. 

(ii) Connected offences 

The Magistrates’ Court may deal with a juvenile where the juvenile is charged with an offence arising out of the same, or connected, circumstances as an offence charged against an adult at the same time. 

(iii) Aiding and abetting 

An adult court may exercise jurisdiction if: 

1. The juvenile is accused of aiding, abetting, causing, procuring, allowing or permitting an offence with which an adult is charged simultaneously. 
2. An adult is charged at the same time with aiding, abetting, causing, procuring, allowing or permitting the offence allegedly committed by the juvenile. 

(iv) Discovery of age during proceedings 

If the Magistrates’ Court discovers during proceedings that the defendant is in fact a child or young person, the court may retain jurisdiction and continue to try and determine the case if it thinks fit. 

Juvenile Court jurisdiction when a juvenile reaches 16 

The Juvenile Court does not automatically lose jurisdiction simply because a defendant reaches a particular age during the legal process. In some situations, the court may continue to deal with the case even after the person has turned 16. 

(i) If the defendant’s true age is discovered later 

If a person is brought before the Juvenile Court and appears to be a juvenile, the court may proceed to hear and determine the charge. This remains so even if it is later discovered that the person was in fact already 16 or older at the relevant time. 

(ii) Jurisdiction continues for existing orders 

Turning 16 does not prevent the Juvenile Court from continuing to deal with a person who was previously placed under a probation order or granted a conditional discharge. 

The court may still enforce that person’s attendance before the court and deal with any breach or contravention of the order, even though the person has since reached the age of 16. 

(iii) Power to amend, discharge, or deal with further offences 

The Juvenile Court also retains power to amend or discharge an existing probation order, where appropriate. 

In addition, if the person commits a further offence while the original order remains in force, the court may deal with that further offence in accordance with its powers, even if the person has already turned 16.