Tobago are held in custody for as long as four and a half years without a trial.”160 These reports
illustrate that while some measure of protection is present in Trinidad and Tobago, it may not be
adequate in protecting children’s rights.
B2 (iii) Procedure to be followed during trial
The procedure to be followed during trial of a child is regulated by the Summary Courts Act.161
Section 99 empowers magistrates to deal with cases summarily, except where the charge is
murder or manslaughter.162 The magistrate has a duty to explain to the child the substance of the
alleged offence, which recognizes the human dignity of the child.
Cases of juvenile offenders coming before magistrates are often reported in the newspapers of
Trinidad and Tobago and can be used to examine how the procedure is generally applied. Of the
cases examined the accused child is generally brought before the magistrate, who listens to the
facts of the case, which usually involve drug use, larceny or minor acts of violence. The
magistrate will then award bail or remand the accused to a detention centre such as the Youth
Training Centre in more serious cases.163 An examination of the legislation and application of
the legislation illustrates that while some protection is present it fails to meet the international
standard, and leaves far too much up to the discretion of magistrates and police officers. The
scope is additionally limited by the distinctions between child and young person, which prevent
the existing legislation from being automatically applied to persons so classified who fall under
the internationally recognized age of majority.
B2 (iv) Improper detention before arrest:
In certain instances children accused of crimes are improperly detained and have their human
rights violated before they are even charged, which results in actions being brought before the
160
Inter-American Commission on Human Rights (IACHR), Juvenile Justice and Human Rights in the Americas, 13
July 2011 ISBN: 978-08270-5677-0, available at: http://www.unhcr.org/refworld/docid/4e69c5a42.html [accessed
12 March 2013]
161
Supra fn 45
162
Supra fn 45 at s 99
163
A. Paul ‘Teen on gun, ganja charge denied bail’ The Trinidad Guardian, T &