also imposes upon states a duty to ensure that children do not come into contact with untried or
convicted adults. This duty is so fundamental that several countries have incorporated the
requirement for the separation of detained children from detained adults, into their constitutions,
in order to ensure the maximum protection of children’s rights.150 The basic rights to legal
counsel, aid and privacy to communicate with legal advisers is restated in Article 18 of the rules.
It is with this overarching framework in mind that the criminal justice system of Trinidad and
Tobago must be examined. This is in order to make a determination of whether the criminal
justice system meets the standard set out in these international instruments.
B2) Detention during trial and the grant of bail in the Criminal Justice System of Trinidad
and Tobago
In Trinidad and Tobago there is no special juvenile court for the hearing of criminal cases
involving juvenile offenders. There is no enacted legislation which mandates the creation of a
special court. Cases are generally heard in the magistrate court, or in the high court for more
serious offences. There are, however, special statutory procedures which regulate how the trial is
to be conducted and where children are to be detained, which must be followed for the duration
of the trial. The statutes also regulate the grant of bail, where the offenders meet the
requirements. The provisions are less punitive than for adults, which offer some measure of
protection to juvenile offenders. The majority of law regarding how juvenile offenders are to be
tried is contained in the Children Act Chap 46:01 and as the majority of cases concerning
children, with the exception of serious offences, are tried summarily, the Summary Courts Act
Chap 4:10.151
Part IV of the Children Act Chap 46:01 sets out the procedure to be followed for the
apprehension and detention of juvenile offenders.152 The procedure conforms in varying degrees
with the international standard for the protection of juvenile offenders. While detained in a police
150
Constitution of the Sovereign Democratic Republic of Fiji 1990 s 27(5), Constitution of the Republic of The
Gambia 1997 s 29(3), Constitution of the Republic of Uganda 1995 s 34(6) and Constitution of the Federal
Democratic Republic of Ethiopia 1995 s 36(3)
151
Summary Courts Act Chap 4:10, Laws of Trinidad and Tobago
152
Supra fn 14 at Part IV
89