Trial process and safeguards

Trial process and safeguards  

Juvenile court proceedings include special safeguards to ensure that the juvenile understands the case and can participate meaningfully. 

Explanation of the alleged offence in simple language 

When the juvenile appears in court, the court must explain the substance of the alleged offence in simple language.  

While it is desirable for the court to explain the legal elements, it is not required to provide a detailed or elaborate legal lecture. 

Ensuring understanding before plea 

Before asking the juvenile to plead, the court must be satisfied that the juvenile understands the nature of the charge. 

Instead of the formal “guilty or not guilty”, the court asks the juvenile if he admits the offence. 

Where the juvenile is unrepresented, any plea may be treated as “provisional” until the court is satisfied that it is clear and unequivocal. 

Verification of the factual basis 

If the juvenile admits an offence, the prosecutor tenders a Statement of Facts. If the court is satisfied the offence is made out, these facts are read to the juvenile and, if necessary, explained in simple language. 

The juvenile must be asked personally whether he admits the facts, even if he is represented by a lawyer. 

If there is a material discrepancy between the prosecution’s facts and the juvenile’s version that could significantly affect the sentence, the court may conduct a Newton hearing (a special court hearing to resolve disputed facts that affect sentencing) to resolve the dispute. 

Hearing the evidence 

If the juvenile does not admit the offence, or the court is not satisfied the juvenile understands the charge, the court hears prosecution witnesses. 

The juvenile, or their parent/guardian, may question witnesses or make a statement. 

If a prima facie case is established, meaning the prosecution has adduced sufficient evidence upon which the defendant could lawfully be convicted, the defence may present its own evidence and witnesses. 

Assistance from the bench 

The magistrate assumes an active role in protecting the interests of the juvenile. This includes: 

1. A discretionary power to put questions to the juvenile for the specific purpose of assisting him in his defence. 

2. A mandatory duty to put questions to witnesses that appear necessary in the interests of the juvenile.