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WHEN THE GOVERNMENT FORGETS ABOUT JUVENILES



Juvenile justice is the area of criminal law applicable to persons not old enough to be held wholesomely responsible for criminal acts. Talking about juvenile justice means that category of children in conflict with law, alleged to have committed capital offences such as defilement, robbery, murder and minor offence such as theft, assault, child to child sex. Juvenile justice therefore refers to the process of investigation, apprehension, prosecution or diversion, and making the appropriate orders in respect of the young offenders for purposes of reforming them and deterring them from commission of such similar cases in the future.

Currently, the Justice Law and Order sector has a programme running in 18 pilot districts of Acholi sub-region, (Gulu, Amuru, Kitgum, Pader, Agago and Nwoya), north and eastern Uganda (Napak, Kotido, Moroto, Soroti, Kumi, Mbale and Bududa and central Uganda (Nakawa, Entebbe). It is a pilot in which innovative ways are being designed by system actors to address gaps in the services of children and to adopt a much friendlier and expeditious handling of child related cases of children in conflict with the law, at risk and those in contact.

Children in conflict with the law can find free services in the following places. First from the State funded legal services. Article 28 (2) (e) of the Constitution on a fair hearing provides for mandatory legal representation of all offenders of capital nature.  Aside from the State there are dedicated child-rights agencies who have raised the standard of juvenile justice in Uganda. Such organisations include: Defence for Children International which pays private lawyers to represent children, Legal Aid project of Uganda Law Society providing free legal services for the poor and marginalized such as the children, Justice Centres Uganda, Uganda Christian lawyers fraternity, FIDA Uganda to mention but a few .


 In addition, the probation officers are expected to be present at police when children are arrested and support them during investigations, produce social inquiry reports to courts to help in making appropriate orders and after serving sentences to prepare and reintegrate the children back in the community.

Limited implementation structures, for instance, very few judicial officers, probation and police, and inadequate children facilities such as children police cells, remand homes, reception centres, rehabilitation centre, among others. Violation of the 24 hour rule: By law children are not supposed to be arrested unless inquiries are complete, but often police arrest children and put them under incarceration before finalising with investigations.
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