The treatment of juvenile delinquency : a case for reform?

Abstract

It is the age of an offender that classifies him as a juvenile delinquent, but the age limit defining juvenile delinquency varies in the different countries; in Malta, it is comparatively low. The treatment of young delinquents should start at the investigation stage, by considering whether they should be sent in front of the court or treated through diversion processes such as formal cautioning by the Police. Thus it would be beneficial to have a unit of the Police specialized on juvenile delinquency. Due to the children's physical and mental immaturity, they need special safeguards and attention, consequently, the Juvenile Court differs from adult courts both in its composition and organization, and in its procedure. Once the court finds the young offender guilty, it has to choose for him the most appropriate treatment, which should respect the rights of the offender, the public safety, and aim at reducing recidivism. The treatment must not only be directed at the offence objectively, but it should also refer to the personality and circumstances of each individual offender. A larger variety of available measures would permit a better response to such offenders. Whereas imprisonment and even detention while awaiting trial should never be used for juvenile offenders, institutions are necessary. Ideally these should range from closed institutions to semi-open or open treatment, aimed at rehabilitating the offenders, with the aid of an appropriate after-care service. Institutionalization, however, should only be used as a last resort and preference should be given to measures that do not involve loss of liberty, such as care orders, probation orders, community service orders, financial penalties, conditional and absolute discharge, and the suspended sentence. In any case, the Magistrate sitting on the Juvenile Court should follow the dispositions and have the power to review his decisions where necessary.