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The Juvenile Justice System Ordinance (No XXII) was enacted on July 1, 2000 by the General Musharraf Government. The Ordinance provides for the protection of the rights of children involved in criminal litigation and is a significant and much needed addition to the existing corpus of child-friendly laws. Previously there has been no legislation on this subject at the Federal level. The Provinces of Balochistan and NWFP still lack laws dealing with juvenile offenders, while the Punjab and Sindh only have partially enforced laws.
The Ordinance extends to the whole of Pakistan, but does not apply to the tribal areas, and the territories comprising the Northern Areas and the State of Azad Jammu & Kashmir.
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The new law consolidates at the Federal level many of the provisions of the Provincial laws dealing with juvenile justice and brings improvement in two major areas |
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it sets the definition of a child at 18 years of age, raising it from 15 and 16 years in the Provincial laws and ending the ambiguity that prevailed earlier; and |
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prohibits death penalty for convicts under the age of 18 years. n. |
The Ordinance lays down criteria that is to be followed at all stages of the juvenile trial proceedings.
Arrest and Bail
The guardian of an arrested child must be informed as soon as possible of the arrest and the time, date and name of the Juvenile Court before which the child would be produced {sec. 10(1)(a)}.
The concerned Probation Officer has to be similarly informed so that he or she can obtain information about the child which may be of assistance to the Juvenile Court {sec. 10 (1)(b)}.
A child arrested for a non-bailable offense must be produced before the Juvenile Court in less than 24 hours from the time of arrest {sec. 10(2)}.
A child arrested for a bailable offense should be released by the Juvenile Court on bail, with or without surety. The release may be refused if it would expose the child to any danger. In this case the child could be placed under the custody of a Probation Officer, or a suitable person. The child, however, should not under any circumstances be kept in a police station {sec. 10(3)}.
In case where bail is not granted, the guardian of the child should be traced out, following which the Court may immediately release the child on bail {sec. 10(4)}.
A child under the age of 15 years arrested for an offense punishable with imprisonment of less than ten years should be treated as if the child has been accused of commission of a bailable offense {sec. 10 (5)}.
A child under the age of 15 years cannot be arrested under preventive detention laws or under the provisions of Chapter VIII of the Code of Criminal Procedure 1898 (No V) {sec. 10(6)}.
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Except in cases where the delay in trial has been caused by the accused, the detained child should be released on bail |
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if, involved in an offense punishable with death, and has been imprisoned for a continuous period exceeding one year and whose trial continues; |
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if, being accused of any offense punishable for imprisonment for life, and has been detained for a continuous period beyond six months, and whose trial has not concluded; or |
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if, being accused of any offense not punishable with death, or imprisonment for life, and has been detained for a continuous period exceeding four months, and whose trial has not concluded.
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