station Section 73 sets out that arrangement must be made for preventing the child from
associating with an adult charged with an offence. This is illustrative of attempts to protect the
welfare of the child and do what is in his/her best interest and is in accordance with Article 37 (c)
of the CRC.153
By virtue of Article 40(b) (iii) of the CRC a juvenile offender upon being charged has the right to
have the matter determined without delay.154 This is followed in Trinidad and Tobago as Section
71 of the Children Act creates the implicit requirement that charged persons under the age of 16
are to be brought ‘forthwith before a Magistrate.’ This section is in recognition of the duty of the
court and state to do what is in the best interest of the child.
B2 (i) The grant of Bail
The grant of bail for juvenile offenders is regulated by the Section 71 of the Children Act155 and
the Bail Act.156 Persons under the age of 16 are generally entitled to be released on bail by virtue
of the word “shall” inserted in the section which prevents the exercise of a discretion, by the
officer in charge of the station, except in certain specified instances. The specified instances
where bail can be refused are where the charge is homicide or another grave crime, or it is
necessary to remove the person from association with any reputed criminal or prostitute or if
releasing him/her would defeat the ends of justice. Section 71 further illustrates that special
protection for children in Trinidad and Tobago ends at 16 and juvenile offenders between the
ages of 16-18 are not V