was posited that the modern approach should be whether a child could “live up to the moral and
psychological components of criminal responsibility.”
In a cross national comparison of youth justice it was stated that internationally the average age
of minimum criminal responsibility is 14.134 These findings illustrate that with regards criminal
responsibility the laws of Trinidad and Tobago fall below the minimum international standard.
B) Detention During Trial
B1) The international standard for detention during trial and the grant of bail to juvenile
offenders
Where a child is in conflict with the law the CRC sets out the international framework for their
protection to ensure that their rights are not prejudiced by the judicial process. Article 40 of the
CRC states that every accused child must be “treated in a manner consistent with the promotion
of the child's sense of dignity and worth, which reinforces the child's respect for the human rights
and fundamental freedoms of others and which takes into account the child's age.” Additionally
Section 40 imposes a duty upon states to “promote the establishment of laws, procedures,
authorities and institutions specifically applicable to children alleged as, accused of, or
recognized as having infringed the penal law”.
The CRC is not the sole international instrument which seeks to regulate the rights of children in
the criminal justice system. They are also set out in United Nations General Assembly
Resolutions, namely the Beijing Rules135 and the Havana Rules136. The Beijing Rules were
adopted by General Assembly Resolution 40/33 of 29 November 1985137 and the Havana Rules
were adopted by General Assembly resolution 45/113 of 14 December 1990.138 Trinidad and
Tobago was present for the adoption of both rules and though not binding internationally or
domestically, they are useful as they provide detail on the contents of existing rights and how
they are to be interpreted.
134
Neal Hazel, 'Cross-national Comparison of Youth Justice' (Academia.edu 2008)
[accessed 13 March 2013]
135
Supra fn 2
136
Supra fn 3
137
Supra fn 2
138
Supra fn 3
87