liability, detention during trial, the nature of sentences which may be imposed on juvenile
offenders and detention post trial.
A critical evaluation of the domestic legislation relating to criminal justice in Trinidad and
Tobago is then conducted. This is to make a determination of the adequacy of the legislation in
ensuring that the rights of juvenile offenders are protected. After conducting an analysis of the
criminal justice system of Trinidad and Tobago, recommendations for the strengthening of the
existing domestic legal framework will be made if necessary. It is submitted that if adopted they
will ensure greater security, safety and protection of the rights of juvenile offenders.
REVIEW OF CRIMINAL JUSTICE FRAMEWORK FOR THE PROTECTION OF
CHILDREN’S RIGHTS
The starting point in an analysis of the framework for the protection of children’s rights in the
criminal justice system is the CRC110. It sets out the degree of protection that is expected to be
given to children and the “minimum entitlements and freedoms that should be respected by
governments.”111 One of the core principles is the devotion to the best interest of the child.112
The child is viewed as “an individual and as a member of a family and community, with rights
and responsibilities appropriate to his or her age and stage of development.”113
An evaluation of the CRC reveals that any juvenile justice system should have at its centre
several aims, upon which the system should be based. These include the encouragement of the
wellbeing of juvenile offenders and the treatment of juvenile offenders in a manner consistent
with the promotion of their sense of dignity and worth. Juvenile offenders should be dealt with in
a manner proportionate both to their circumstances and to the offence committed and efforts
should be made for the maintenance of relationship with the juvenile’s family.114
Upon ratification of the CRC, governments have a responsibility to take all appropriate
legislative, administrative, and other necessary me asures for the implementation of the rights
110
Supra fn 1
UNICEF, 'Convention on the Rights of the Child' (Unicef.org 2005)
[ accessed 13 March 2013]
112
Ibid
113
UNICEF, 'Convention on the Rights of the Child - Protecting and realizing children's rights' (Unicef.org 2005)
[accessed 13 March 2013]
114
G. Van Bueren, The International Law on the Rights of the Child (1st, Martinus Nijhoff Publishers, London
1998) 169-191
111
83