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This is what happens when an under 18 commits 'crime' in Ghana

To ensure effectiveness in how the judicial system works in the country for juveniles, a Juvenile Justice Act was promulgated in 2003.

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Following the arrest of the 12-year-old boy in connection with the lynching of a captain in the Ghana Army, many have since been wondering what might happen to him considering he is under 18 and cannot stand trial.

The boy was arrested over the weekend by the police in the Ashanti region following his alleged involvement in the soldier’s death.

But as far as the law is concerned, he cannot be charged with a crime and hence cannot stand trial.

Why is this so? Because he is a minor and hence may be tried under the Juvenile Justice system.

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Why Juvenile Justice

There is the belief that children and young adults are very important members of every country, who will constitute the future leaders.

However, children in conflict with the law or juveniles are vulnerable and are considered less privileged members of every society.

Thus even before the arrival of the white man, chiefs and elders administered some form of juvenile justice system based on the country’s traditional values and culture.

Its aim was to “to provide a juvenile justice system, to protect the rights of juveniles, ensure an appropriate and individuals response to juvenile offenders, provide for young offenders and for connected purposes.”

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As a private legal practitioner, Kofi Diaba explained in an interview: “It [the Juvenile Act] says that when a juvenile is arrested, he/she has rights that must be protected. For instance, before he can be questioned the police must ensure that either his parents or a lawyer are present. If that’s not possible, a remand officer should be present to ensure the child’s right is protected.”

So what might happen to the 12-year-old boy or any other minor arrested for their involvement in crime?

As far as the law says, he cannot stand trial as he is believed to be a minor who cannot commit a crime or would not have the intentions to commit a crime.

Police may, however, get information from him through interrogation, lawyers have said.

And he may subsequently be sent to a Senior Correctional Centre (SCC) otherwise known as “Nkwalaa Bone School,” a facility for young males in the country who have fallen foul of one law or the other.

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What goes on at the Senior Correctional Centre?

Established in 1947, the centre’s mission is to “reform, rehabilitate and reintegrate” the country’s young offenders through a series of moral and vocational training.

It was then known as the Borstal Institute but was rebranded into the SCC following the passing of the Juvenile Justice Act (653) in 2003.

The maximum term for an inmate is three years, following which he would be released to reintegrate into society.

It is the belief that at the end of their sentence, they would have cleaned themselves up against any foul act following the training and guidance they receive at the centre.

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The inmates are allowed to learn a trade at the centre - bead-making, carpentry, auto work – which would help them to acquire the necessary employable and entrepreneurial skills while at the training centre.

There is often no corporal punishment, as their supervisors develop strong bonds with them and train them now how to be non-violent when solving issues.

Nevertheless, some of the inmates try to break the rules and regulations of the centre. When this happens, they are locked up in a room called ‘PG’ to suffer the bite of mosquitoes for days.

In spite of the challenges associated with the Juvenile Justice system such as unavailability of funding, and the lack of trained police personnel to handle juvenile cases, there is still a glimmer of hope for the young and unfortunate ones who end up there.

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