Reform system of dealing with juveniles -- Simons
The acting Shadow Health Minister has called on Government to speed up the modernisation of the country's law for dealing with juveniles.
Cole Simons yesterday repeated his party's plea for Government to appoint a Juvenile Justice Board to reform the system which allows the Minister to release offenders even though a judge has ordered them to be committed to a home.
And Mr. Simons highlighted an "anomaly'' in the laws dealing with juveniles.
In a prepared statement, Mr. Simons wrote it was "critical'' to review the system because the facilities designed to handle out of control teens had been removed from the law.
"Technically, approved societies were deleted from related juvenile offenders legislation in January of this year, when the Children's Act of 1998 came into effect,'' Mr. Simons wrote.
He added: "This anomaly highlights the fact that our PLP Government must now ensure that our juvenile justice system is current and that it is punitive enough to protect the people of Bermuda, and holds the juveniles accountable and rehabilitative.'' Mr. Simons approved of Health Minister Nelson Bascome's reversal of a decision to send three teenage boys who started the Harrington School fire abroad for psychiatric counselling but he took the chance to blast the original decision.
Saying he had "no issue'' with the decision to bring in a psychiatrist, Mr.
Simons questioned the advice Mr. Bascome had received from within his Ministry.
"One questions whether or not he is acting far beyond his Ministerial powers,'' he said. "Furthermore, in our opinion, it appears that he may be in violation of the Children's Act.
"Under this Act, the Minister is not empowered to send or take any offender overseas, for rehabilitation or assessment, especially if a court order has been issued.'' A Juvenile Justice Board would oversee the expansion of juvenile homes, devise activities and training for offenders, and develop an evaluation process for all programmes.
"The Children's Act supersedes a number of Acts but the Young Offenders Act is still in place,'' Mr. Simons said. "It deletes all references to Approved Societies, giving them a new terminology, residential care facility.'' He added: "My point is we need to look at the criminal justice process for juvenile. What about the others who have been waiting all this time for assessment and treatment abroad?''