New judicial procedures and punishments are set to be introduced in Bahrain for children aged under 18 who commit crime.
Justice, Islamic Affairs and Endowments Minister Shaikh Khalid bin Ali Al Khalifa told Shura Council members at their weekly session yesterday that these children will not appear in courts but in front of committees comprising judges. Under the 89-article government-drafted Correctional Justice for Children Law, already approved unanimously by MPs in April, a juvenile judicial committee will also be set up to hear cases involving children in threatening or mistreatment conditions.
Action Children will be considered to be in threatening conditions if they: commit a crime or misdemeanour below the age of 15, resort to begging,are involved with gangs or dangerous groups,are a danger to others,take part in political activities,don’t have a source of living or a caretaker,are school dropouts, live on the streets,
l create serious problems at home.
The punishments range between verbal action, signing a documented pledge not to repeat the action, probation, along with being banned from certain locations, undertake special courses, enrol in care centres, perform community service, or house arrest for up to 12 hours a day.
If a child is involved in a serious crime that carries the death penalty under the Penal Code then the punishment automatically drops to at least a year in jail, with all other charges dropping to the lowest possible punishment.
The new law also states that children cannot be locked up with adults and should be categorised accordingly.
No civil cases involving children will be taken up by the new courts. However, cases of military relevance will be presided over by the courts concerned.
The juvenile judicial committee will also oversee cases referred to it by the Child Prosecution.
Its decisions will only be contested in the higher segment of the new courts.
A new Child Protection Centre for those mentioned under this law will also be formed at the Labour and Social Development Ministry.
“It has taken us six years to draft this law enabling a shift from the current judicial system that treats children, mainly those aged 15 to 18, as adults in the 1976 Penal Code, while handing them mercy sentences,” said Shaikh Khalid.
“The Child Prosecution will be also revamped to take up the cases of all children in line with existing legislations adopted by ministries and government bodies, and consultancy from the UN and the UK.”
The new legislation will introduce stricter punishments against child endangerment and tackle crimes involving children.
Anyone convicted of molesting or harassing children will face a three-year jail sentence.
Possessing pornographic materials involving children is punishable with no less than two years in jail and a fine of between BD2,000 and BD5,000.
Using children for illegal or unauthorised activities can attract a punishment of no less than a year in jail or a fine of up to BD1,000.
The punishments are increased if the crime is committed against children aged below 17.
It also punishes individuals who force children to commit crimes with no less than six months in jail, but if the perpetrator is a parent or caretaker then the punishment is doubled.
Anyone endangering a child will face no less than six months in jail or a fine of between BD500 and BD1,000, or both.
Those providing false information on children will be punished with three years in jail and a fine of up to BD2,000.
Legal officials or officers who place children with adults during arrest or detention will be jailed for up to three months and fined between BD200 and BD500.
Broadcasting information about children protected under this law will also be punished with a fine of BD1,000 to BD5,000.
Negligence towards children will carry a fine of between BD100 and BD1,000, but if it results in endangerment then the punishment will be jail of between three months and a year with a fine of between BD300 and BD1,000.
A month in jail and a fine of up to BD200 will be enforced on anyone refusing to hand over, or hides, a child.
The law also allows the establishment of a new court to handle cases involving crimes committed by individuals aged 15 to 18.
Shura Council chairman Ali Saleh Al Saleh said the woman and child committee should fall in line with Parliament amendments asking for a second review with Shaikh Khalid.
mohammed@gdn.com.bh
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