Juvenile Laws at Brunei
Brunei's juvenile justice system is governed by the Children and Young Persons Act (CYPA) of 2006, which outlines the legal framework for dealing with minors in conflict with the law.
⚖️ Legal Framework
Children and Young Persons Act (CYPA) 2006: This Act defines a "juvenile" as a person who has attained the age of 7 years but has not yet attained the age of 18 years. It establishes juvenile courts to handle cases involving criminal offenses committed by juveniles, juveniles beyond parental control, and those in need of care and protection. The Act mandates that juveniles be tried separately from adults and ensures that they are not detained in adult facilities.
Juvenile Courts: Brunei has established juvenile courts in all four districts—Brunei-Muara, Belait, Tutong, and Temburong. These courts are presided over by magistrates and may sit with a panel of two advisers appointed by the Chief Justice. The courts handle cases involving criminal offenses committed by juveniles, juveniles beyond parental control, and those in need of care and protection.
🏛️ Juvenile Detention and Rehabilitation
Kompleks Rumah Kebajikan Belimbing (KRKB):KRKB is a welfare home where children in conflict with the law may be placed for temporary remand or rehabilitation. The facility provides medical attention, clothing, counseling, family visitations, and programs such as recreational, educational, vocational, and rehabilitative activities
Separation from Adults:Under the CYPA, juveniles are kept apart from adults when detained in police stations or while being conveyed to or from any court. This ensures that juveniles are not exposed to adult offenders during the legal process
⚖️ Corporal Punishment
Brunei's legal framework includes provisions for corporal punishment in certain circumstances
Judicial Corporal Punishment:The Syariah Penal Code prescribes whipping (caning) for certain offenses, including those committed by juveniles. The maximum number of strokes allowed is ten for juveniles above 14 years, and six for those 14 and below. A medical officer is required to be present to supervise the punishment
Disciplinary Corporal Punishment:The Youthful Offenders (Places of Detention) Rules 2001 authorize "disciplinary" corporal punishment in juvenile detention facilities. However, there are calls from human rights organizations to repeal provisions that authorize corporal punishment and to prohibit its use as a disciplinary measure in all institutions accommodating children in conflict with the law
⚖️ Legal Aid and Access to Justice
Legal Aid:Brunei does not have a formal legal aid system for juveniles. Legal representation is typically provided by private lawyers, and there is no state-funded legal aid program for children in conflict with the law
Access to Justice:While Brunei has acceded to the Convention on the Rights of the Child (CRC), the Convention is not considered part of national law and cannot be directly relied on in the courts. There is no form of judicial review in Brunei, and no mechanisms exist to challenge the validity of legislation. Children accused of crimes are tried in specialized Juvenile Courts, but they may still be sentenced to corporal punishment, life imprisonment, or potentially the death penalty
🧒 Diversion and Restorative Justice
Brunei's juvenile justice system does not have a formal diversion or restorative justice program. Juveniles are typically processed through the judicial system, and there is limited emphasis on alternative measures such as diversion programs or restorative justice practice.
🚨 Challenges and Areas for Improvement
*Limited Rehabilitation Programs: While facilities like KRKB provide some rehabilitative services, there are concerns about the adequacy of these programs. The services in terms of educational, skill development, and youth-building programs are not sufficiently provided, and there is a limitation in the number of officers specialized in handling juveniles. Many officers are multi-tasking and are not fully trained in handling juvenile offendes.
*No Formal Legal Aid System: The absence of a formal legal aid system for juveniles means that access to legal representation is limited, potentially affecting the fairness of legal proceedings for children in conflict with the law.
*Incorporation of International Standards: Although Brunei has acceded to the CRC, the Convention is not considered part of national law and cannot be directly relied on in the courts. This limits the ability to challenge human rights violations in the civil courts and raises concerns about the alignment of national laws with international standars.
--
In summary, Brunei's juvenile justice system is structured around the Children and Young Persons Act, which establishes juvenile courts and detention facilities. However, challenges such as limited rehabilitation programs, the use of corporal punishment, and the lack of a formal legal aid system highlight areas for potential reform to better align with international standards and ensure the rights and well-being of juveniles in conflict with the law.
RELATED Blog
0 comments