authorities have consistently emphasized the concept of continuing review of the progress made
by young offenders”.
Juvenile offenders who are sentenced under Section 79 are entitled to have their sentences and
detention periodically reviewed. This was authoritatively decided by the Privy Council, in the
case of The Attorney General of Trinidad and Tobago v Seepersad, Ian; Panchoo, Roodal.173
The Privy Council analysed Section 79, in order to determine the legality of the failure of the
State to review the sentences and detention of two persons sentenced under Section 79.
The Privy Council ruled that their constitutional rights were breached by the failure to have their
sentences and detention reviewed while they were in custody. In making this determination it
was stated that “protection and welfare lie at the heart of these provisions. Regard must be had
throughout to the welfare of the child or young offender. This is to be found in the leniency of
the sentence itself because of its non-capital nature and in its working in the future by keeping
the detainees progress and development as he matures under review.”174
The case law illustrates firstly that the legislation in Trinidad and Tobago protects juvenile
offenders from the death penalty and that they are thus treated more leniently than adult
offenders, which is in conformity with its international obligations. The cases also illustrate that
the welfare and development of juveniles are taken into consideration in determining sentences
and the duration or continuation of detention. The cases show that the courts play a role in
ensuring that the rights of juveniles are not arbitrarily deprived by legislation. In protecting
juvenile offenders judges should be mindful of this role in order to ensure the maximum
protection is guaranteed to juvenile offenders.
With regards to the sentence of whipping, attempts have been made for its prohibition. The
Corporal Punishment: Offenders Over 16 Act has been abolished and replaced with the Corporal
Punishment: Offenders Over 18 Act.175 This is in recognition of the prohibition of cruel and
unusual punishment against children.
173
(1) Ian Seepersad (2) Roodal Panchoo v Attorney General Of Trinidad & Tobago [2012] UKPC 4 PC
Supra fn 67 at p30
175
Corporal Punishment: Offenders Over 18 Act Chap 13:04, Laws of Trinidad and Tobago
174
96