Jueviline Section
Jueviline Section
INTRODUCTION ■
Delinquency: A legal term that distinguishes between youthful offenders and adult
offenders that has its origins in the concept of culpability.
Except in rare instances, juvenile offenders are not referred to as criminals. Acts
that are forbidden by law are called delinquent acts when committed by juveniles.
JUVENILE DELINQUENT ■ A juvenile delinquent is a person who has not yet
reached the age of maturity, and whose behavior has been labelled delinquent by a
court. ■ In Pakistan, the individuals under the age of 18 are considered juvenile
delinquents if they commit some crime.
Juvenile Delinquent
      Teenagers (under 18) who break the law are called juvenile delinquents.
      But they are officially called “delinquents” only when a court proves them
       guilty of a crime.
      These crimes can be small (like littering, pickpocketing) or serious (like car
       theft, drug dealing, or even murder).
      Legally, if someone under 18 commits a crime and the court confirms it,
       they are a juvenile delinquent.
      The age limit (under 18) can vary from country to country.
                             Classification of Offences
  1. Minor:
         o   Punishment up to 3 years (with or without fine).
         o   Juvenile entitled to bail.
  2. Major:
         o   Punishment more than 3 years and up to 7 years (with or without
             fine).
         o   Bail granted by Juvenile Court.
  3. Heinous:
         o   Serious, brutal, shocking to morality; punishable with death, life
             imprisonment, or more than 7 years.
         o   Juvenile under 16 years: entitled to bail.
         o   Juvenile above 16 years: bail is at court’s discretion.
Salient Features
     Right of Legal Assistance:
         o   At state expense; must be informed within 24 hours of custody.
         o   Lawyer must have 7 years of practice (increased from 5 in JJSO
             2000).
     Observation Homes:
         o   Temporary places for juveniles kept after being apprehended or for
             investigation.
         o   Must be separate from police stations.
     Juvenile Rehabilitation Centres:
         o   Special prisons exclusively for juveniles.
         o   Provide education, vocational, and technical training.
         o   Includes certified institutions such as women crisis centers.
     Determination of Age Mechanism:
         o   Age determined based on birth/education certificates.
         o   In absence, medical examination by a medical officer.
Diversion Mechanism
     Alternative process to determine responsibility/treatment without formal
      trial.
     Cases referred to Juvenile Justice Committee.
     All minor and major offences compoundable; for major, diversion allowed if
      juvenile is under 16.
Committee Composition:
     Serving Judicial Magistrate (Head).
     District Public Prosecutor.
     Local Bar member with 7 years experience.
     Serving probation/social welfare officer (BPS-17 or above).
Diversion Options:
   Restitution of property.
   Reparation of damage.
   Apology (oral/written).
   Community service.
   Payment of fine/costs.
   Placement in rehabilitation centre.
   Written/oral reprimand.
                                Other Provisions
   Separate trials for juveniles; joint trials with adults only via video link if in
    interest of justice.
   Protection of identity – no disclosure without authorization.
   Special provisions for female juveniles:
       o   Cannot be apprehended or supervised by male officers.
       o   Only kept in female rehabilitation centres.
   No Preventive Detention under CrPC or other laws.
   Removal of disqualification: conviction under JJSA 2018 does not carry
    disqualifications of adult convictions.
Diversion
Definition & Goal
     The goal of juvenile diversion programs is to respond to youths in ways that
      avoid formal juvenile justice processing.
     Diversion usually occurs before adjudication.
     Diversion programs are based on the understanding that formal responses to
      youths who violate the law do not always protect the best interests of
      children or the community.
Key Points
     Sometimes, when young people commit small or petty mistakes, taking them
      to court can give them a criminal label (stigma).
   Instead of helping, this can actually harm their future.
   Diversion programs give another option – they handle such cases outside the
    court system (through counseling, community service, guidance, etc.).
   These programs also help reduce the workload of juvenile courts and
    detention centers, so that the system can focus more on serious crimes.
Definition
      The term criminal justice refers to the agencies of government charged with
       enforcing law, adjudicating criminals, and correcting criminal conduct.
      A criminal justice system is a set of legal and social institutions for
       enforcing the criminal law in accordance with a defined set of procedural
       rules and limitations.
      The phrase criminal justice system refers to a collection of federal, state, and
       local public agencies that deal with the crime problem.
Objectives of CJS
      To prevent the occurrence of crime (Deterrence)
      To punish the criminals (Retributive)
      To rehabilitate the criminals (Reformative)
      To compensate the victims as far as possible (Retributive)
      To maintain law and order in society (Deterrence)
      To deter the offenders from committing any criminal act in the future (All)
High Courts
     One High Court per province.
     Composition: Chief Justice + other Judges.
     Appointments:
         o   Chief Justice appointed by the President in consultation with Chief
             Justice of Pakistan.
         o   Other Judges appointed in consultation with:
                   Chief Justice of Pakistan,
                   Governor of the Province,
                   Chief Justice of concerned High Court.
Jurisdiction & Powers
  1. Original Jurisdiction:
         o   Enforcement of Fundamental Rights.
         o   Can issue orders such as:
                   Directing a person to refrain from unlawful acts or perform
                    lawful duties.
                   Declaring acts without lawful authority as invalid.
                   Issuing Habeas Corpus: requiring a detained person to be
                    produced before the court to check legality of detention.
                   Directing persons/authorities for enforcement of rights.
  2. Appellate Jurisdiction:
         o   Hears appeals against judgments, decisions, decrees, and sentences of
             civil & criminal subordinate courts.
  3. General Powers:
        o   Make rules regulating its own procedures and that of subordinate
            courts.
        o   Supervises and controls all subordinate courts.
        o   Decisions of High Court are binding on subordinate courts.
High Courts
     Islamabad High Court (2010)
        o   1 Chief Justice + 6 Judges
     Sindh High Court
        o   1 Chief Justice + 27 Judges
     Punjab High Court
        o   1 Chief Justice + 49 Judges
     Balochistan High Court
        o   1 Chief Justice + 8 Judges
     Khyber Pakhtunkhwa High Court
        o   1 Chief Justice + 49 Judges
Other Courts
     Gilgit-Baltistan Supreme Appellate Court (2009)
        o   Powers equal to Supreme Court of Pakistan
        o   1 Chief Justice + 2 Judges
     Supreme Court of AJK
         o    1 Chief Justice + 2 Judges
     High Court of AJK
         o    1 Chief Justice + 8 Judges
Subordinate Judiciary
     Civil Court
         o    Present in all districts of each province
         o    Deals only with civil matters
         o    Consists of: District Judge, Additional District Judge, Civil Judge
              Class I, II, III
     Criminal Court
         o    Present in all districts of each province
         o    Has authority to award punishments (including death penalty)
         o    Consists of: Session Judge, Additional Session Judge, Judicial
              Magistrate Class I, II, III
Role of Judge
     Acts as an umpire in court
     Hears parties, witnesses, and evidence
     Decides whether accused is guilty or innocent
     Pronounces punishment
     Imposes punishment as per penal law
Public Prosecutor
     Prosecution separated from police under Police Order 2002
     Placed under the Law Department
     Headed by a Prosecutor General, appointed by provincial government
     Structure includes:
         o   Additional Prosecutors General
         o   Deputy Prosecutors General
         o   Assistant Prosecutors General
         o   District Public Prosecutors
         o   Deputy District Public Prosecutors
         o   Assistant District Public Prosecutors
Role of Public Prosecutor
     Represents the State in criminal cases
     Begins work after police submits charge sheet
     Conducts prosecution on basis of police investigation
     Presents facts, witnesses, and evidence before court
     Ensures speedy trial
Defence Lawyer
     Represents the accused after arrest
     Investigates case details on behalf of accused
      Discusses case with prosecutor, tests strength of state’s case
      Represents accused in:
          o   Bail hearings
          o   Trial proceedings
          o   Appeals
Corrections / Jail
      Goals:
          o   Rehabilitate and reform offenders
          o   Protect the community
          o   Ensure humane custody
Correctional System
      After conviction and sentencing, offender enters correctional system
      Includes probation, jails, and parole (for juveniles & adults)
      Problems in jail system:
          o   Overcrowding
          o   Minimal focus on rehabilitation
          o   High reoffending rates after release
          o   Lack of effective treatment and training programs
          o   Poor physical environment and health conditions
          o   Inmates often subjected to violence from other prisoners and
              guards
Parole and Probation in Criminal Justice System of Pakistan
Parole
Definition:
      Conditional release of a prisoner before completing full sentence.
     Prisoner serves last portion of sentence in community after completing a
      mandatory minimum period in prison (as per Good Conduct Prisoners’
      Probational Release Act, 1926 & Rules 1927).
Administration:
     Controlled by Executive (Home Secretary).
     In many districts, probation officers also serve as parole officers due to
      understaffing.
     Assistant Director and Parole Officer can visit jails to select prisoners for
      release.
Parole Committees (2009, NJPMC Recommendation):
     Established in all four provinces.
     Members include:
         o    Additional Secretary Home (Chairman)
         o    Director R&P
         o    District Police Officer
         o    Additional IG Prisons
         o    Prison Superintendent
         o    Director Prosecution
         o    Representative of Civil Society / Academia
     Role: Advisory, final approval by Home Secretary.
Conditions of Parole:
     Parolees must work at least 45 miles away from their families.
     Family visits only with parole officer’s permission.
     Casual leave allowed after 6 months (contradictory to reintegration goal).
Challenges:
     Weak parole system in Pakistan.
      In developed countries → parole = early release + strict rules, supervised by
       parole officer.
      Helps ex-inmates reintegrate into community.
      If rules violated → parole revoked, offender sent back to jail.
      Example: In USA, ~40% inmates get mandatory supervised release.
Probation
Definition:
      A judicial order allowing offender to remain in community under
       supervision instead of serving jail term.
      Enables offender to keep working, avoid imprisonment pains.
Support in Advanced Countries:
      Social services provided:
          o   Counseling, employment help, housing support, group treatment.
      Community-based centers for first-time offenders → live there while
       studying/working.
Legal Framework in Pakistan:
      Probation of Offenders Ordinance, 1960 / Rules 1961
      Good Conduct Prisoners’ Probational Release Act, 1926 & Rules 1927
      Juvenile Justice Act, 2018
Administration:
      Provincial Directorates of Reclamation & Probation (R&P) under Home
       Departments.
      Each headed by a Director, supported by Deputy Directors, Probation &
       Parole Officers, and staff.
Mandate:
     “Kill the crime, not the criminal.”
     Reduce prison overcrowding & costs.
     Rehabilitate & reintegrate offenders.
     Problems: Lack of political will, weak infrastructure, shortage of skilled
      staff.
Judicial Powers under Ordinance 1960:
     High Courts, Sessions Courts, Judicial Magistrates can grant probation.
     Can discharge offender after admonition if:
         o   Offence punishable ≤ 2 years imprisonment.
         o   Court considers age, background, health, circumstances.
Role of Probation Officer:
     Prepare & submit Social Investigation Report (SIR) to court.
     Practically → often neglected, courts pass orders without SIR.
Probation vs Parole
Aspect       Probation                                Parole
Authority Judiciary grants it                         Executive grants it
             Before/without jail sentence (suspension After serving mandatory
Timing
             or postponement of sentence)             minimum part of sentence
Revocation By Judiciary                               By Executive
Confinement System
     Maximum Security: High walls, bars, strict security, most dangerous
      criminals.
     Medium Security: More guarded, less strict, more treatment opportunities.
     Minimum Security: Separate rooms, more freedom, focus on correctional
      programs.
CJS: Challenges & Solutions
Major Challenges:
     Non-registration of FIRs.
     Misuse of Justice of Peace powers (Sec. 22A & 22B CrPC).
     Weak prosecution, delayed challans (police reports).
     Overcrowded jails (156% overcapacity in 2014).
     Political interference, corruption, torture in police custody.
     Overburdened judiciary (millions of pending cases).
     Poor infrastructure, underfunded investigation, lack of trained staff.
Suggested Solutions:
     Register all FIRs, evaluate police on quality of investigation not FIR count.
     Strict checks on misuse of powers.
     Improve probation & parole system to reduce prison overcrowding.
     Independent prosecution with training & resources.
     Strict time limits for trials, avoid unnecessary adjournments.
     Better data collection across CJS organs.
     Increased funding, modern investigation tools, skilled staff.
     Rehabilitation programs for juveniles, women & under-trials separate from
      hardened criminals.