In-Service Training for Judges & Prosecutors
Chapter 6
‘Justice for Child Offenders’
GENERAL GUIDELINES CHAPTER 6:
TIMETABLE: 552 minutes (60 min. + 492 min. = 9 hours + 12 minutes)
Ø Day 6: Session 1
Ø Day 6: Session 2
Ø Day 7: Session 1
Ø Day 7: Session 2
Including: (60 min.)
- Questions–Answer-Session (5 min.)
- Looking Back on Yesterday (10 min.)
- Energizer (15 min.)
- Daily Evaluation (10 min.)
- Responsibilities (5 min.)
- Questions–Answer-Session (5 min.)
- Looking Back on Yesterday (10 min.)
6.1. Learning Objectives of this Chapter 3 min.
6.2. Ordinary and Specialized Professionals in Justice for Child Offenders 22 min.
6.2.1. Professionals in Cases of Children below 9 Years 6 m.
6.2.2. Professionals in Cases of Child Offenders between 9 and 15 Years 10 m.
6.2.3. Professionals in Cases of Child Offenders between 15 and 18 Years 6 m.
6.3. Secondary Traumatization of Child Offenders 20 min.
6.4. Treatment of Child Offenders at the Police Level 96 min.
6.4.1. Ordinary Police and CPU-Police 4 m.
6.4.2. Responsibilities of Police 64 m.
6.4.3. Police at Child Protection Units 28 m.
6.4.3.1. Diversion of First-time offenders and Minor/Petty Offences 17m.
6.4.3.2. Measures Taken by CPUs 11m.
6.5. Treatment of Child Offenders at the Prosecutors Level 58 min.
6.6. Treatment of Child Offenders at the Court Level 281 min.
6.6.1. Responsibilities of Judges in Child Offenders Cases 10 m.
6.6.2. Responsibilities of Judges in Child Offender Cases (9 to 15 years) 200 m.
6.6.2.1. Stage of the Institution of the Proceedings 46m.
6.6.2.2. Stage of Hearing 41m.
6.6.2.3. Stage of Judgment 77m.
6.6.2.4. ‘Addis Ababa City Administration Social and Civil Bureau
Rehabilitation Institute for Juvenile Delinquents’ 36m.
6.6.3. Responsibilities of Judges in Child offenders Cases (15 to 18 years) 66 m.
6.6.4. The Child Friendly Bench in Addis Ababa 5 m.
6.7. Test Yourself! 12 min.
My Personal Notes -
Total: 492 min.
SEATING ARRANGEMENT:
Ø ‘U-shape’ (tables with space in between; no table in front of trainer)
Ø Small group arrangements (tables and chairs for 4 to 6 participants)
Ø Space for proposition discussion
Ø Space for demonstration
Ø Space for energizer
TRAINING AIDS/EQUIPEMENT:
Copy of the Workbook JfC
Annex 1 ‘Summary of the Third Periodical Report of the Ethiopian Government (28 October 2005)’
Annex 4 ‘Summary of National Legislation on Children and Justice for Children – Relevant Provisions Pertaining to Children’
Annex 9 ‘Real Life Story of Demeke’
Annex 11 ‘Social Inquiry Report on Child Offender’
" Overheads:
- Professionals Involved in Child Offender Cases
- Responsibilities of the Police in Child Offender Cases
- Responsibilities of Prosecutors in Child Offender Cases
- Responsibilities of Judges - Child Offenders - 9 to 15 Years
- Responsibilities of Judges - Child Offenders – 15 to 18 Years
" Flipcharts:
- Child-Sensitive Skills in Child Offender Cases (partly completed/to be developed
together with the participants) (on the wall)
- Daily Evaluation (Chapter 2) (on the wall)
- Responsibilities (Chapter 1) (on the wall)
- Parking Lot (Chapter 1) (on the wall)
" Handouts:
- Justice for Children Process – Child Offenders 9 – 15 years (Non-Serious)
- Justice for Children Process – Child Offenders 9 – 15 years (Serious)
- Justice for Children Process – Child Offenders 15 – 18 years
" 2x Proposition (A4) (plasticized)
" A4-paper ‘AGREE’ + A4-paper ‘DISAGREE’ (proposition discussion)
" Various colours of chalk, flipchart whiteboard markers, (non-)permanent overhead-pens
" Blank overhead sheets, A4-paper, Adhesive tape
" Material for energizer
LEARNING OBJECTIVES CHAPTER:
Ø to discussion national legislation on the treatment of child offenders
Ø to understand the responsibilities of judges and prosecutors concerning child offenders
Ø to practice how judges and prosecutors can deal with child offenders in a child-sensitive manner
METHODS:
Ø Explanation
Ø Dialogue
Ø Self Study
Ø Read Aloud
Ø Individual Exercise (+ Subsequent Plenary Discussion/Explanation)
Ø Small Group Exercise (+ Subsequent Plenary Discussion)
Ø Small Group Demonstration (+ Subsequent Plenary Demonstration)
Ø Proposition Discussion
Ø Buzz Group (+ Subsequent Plenary Discussion)
Ø Plenary Discussion
Ø Individual Test
PREPARATORY ACTIVITIES:
è Copy the handouts for all participants
è Prepare one or two energizers
è Check the white/black board, flipchart and overhead-projector plus necessary training aids (markers, chalk, extension cord, electricity, etc.)
è Prepare extra chair(s) demonstrations
è Check if all (relevant) flipcharts of the previous session(s) hang on the wall
Content of Chapter 6 ‘Justice for Child Offenders’: (p.1 of Wb-JfC)
Instructions:
è No explanation of ‘Content of Chapter 6’ (is included in §6.1. ‘Learning Objectives of this Chapter’)
6.1. Learning Objectives of this Chapter p.1
6.2. Ordinary and Specialized Professionals in Justice for Child Offenders p.2
6.2.1. Professionals in Cases of Children below 9 Years p.2
6.2.2. Professionals in Cases of Child Offenders between 9 and 15 Years p.3
6.2.3. Professionals in Cases of Child Offenders between 15 and 18 Years p.4
6.3. Secondary Traumatization of Child Offenders p.4
6.4. Treatment of Child Offenders at the Police Level p.6
6.4.1. Ordinary Police and CPU-Police p.6
6.4.2. Responsibilities of Police p.7
6.4.3. Police at Child Protection Units p.13
6.4.3.1. Diversion of First Offenders and Minor/Petty Offences p.13
6.4.3.2. Measures Taken by CPUs p.15
6.5. Treatment of Child Offenders at the Prosecutors Level p.17
6.6. Treatment of Child Offenders at the Court Level p.20
6.6.1. Responsibilities of Judges in Child Offenders Cases p.20
6.6.2. Responsibilities of Judges in Child Offender Cases (9 to 15 years) p.22
6.6.2.1. Stage of the Institution of the Proceedings p.22
6.6.2.2. Stage of Hearing p.26
6.6.2.3. Stage of Judgment p.29
6.6.2.4. ‘Addis Ababa City Administration Social and Civil Bureau
Rehabilitation Institute for Juvenile Delinquents’ p.34
6.6.3. Responsibilities of Judges in Child offenders Cases (15 to 18 years) p.40
6.6.4. The Child Friendly Bench in Addis Ababa p.43
6.7. Test Yourself! p.45
My Personal Notes p.46
6.1. Learning Objectives of this Chapter (p.1 of Wb-JfC)
Time: 3 minutes
Objective: Being aware of the learning objectives of this chapter
Methods: Self Study
Aids: -
Method: Self Study
Instructions:
èInvite the participants to examine the learning objectives by themselves
In the sixth chapter we examine to which extent the Ethiopian justice system is child-sensitive to child offenders. The main purposes of this chapter are:
Ø to discussion national legislation on the treatment of child offenders
Ø to understand the responsibilities of judges and prosecutors concerning child offenders
Ø to discuss and practice how judges and prosecutors can deal with child offenders in a child-sensitive manner
At the end of this chapter of the Workbook you should:
à concerning your knowledge:
Ø understand all relevant national legislation on child offender cases
Ø know the responsibilities of the police in child offender cases
Ø know the responsibilities of prosecutors in child offender cases
Ø know the responsibilities of judges in child offender cases
Ø understand how judges and prosecutors can contribute to a child-sensitive practice of the police
Ø understand how judges and prosecutors can treat child offenders in a child-sensitive manner in all stages of the justice process
à concerning your skills:
Ø be able to apply national legislation in child offender cases in a child-sensitive manner
Ø be able to apply international principles in child offender cases
Ø be able to deal with child offenders in a child-sensitive manner
Ø be able to assist your colleagues in justice for children in a constructive way
à concerning your attitude:
Ø be sensitive to child offenders
Ø be willing to reflect on your own approach of child offenders
Ø be willing to change your opinion and attitude concerning child offenders
6.2. Ordinary and Specialized Professionals in Justice for Child Offenders (p.2 of Wb-JfC)
Time: 22 minutes
Objective: Knowing which three groups of children/child offenders come in contact with the justice for children system
Methods: Dialogue + Read Aloud
Aids: " Overhead ‘Professionals Involved in Child Offender Cases’
Method: Explanation (¸ 3 minutes)
We have already discussed that the Criminal Code (2004) considers three groups of children in connection with child offending behaviour, i.e. on the basis of the age of the child. (è§5.2.3. ‘Criminal Responsibility’) These groups are:
Ø Children below 9 years of age
Ø Child offenders between 9 and 15 years of age
Ø Child offenders between 15 and 18 years of age
6.2.1. Professionals in Cases of Children below 9 Years (p.2 of Wb-JfC)
Time: 3 minutes
Objective: Knowing which professionals are involved in cases of children below 9 years
Methods: Dialogue
Aids: " Overhead ‘Professionals Involved in Child Offender Cases’
Method: Dialogue (¸ 3 minutes)
Instructions:
è Ask the participants which professionals are involved in cases of children below 9 years
è Formulate follow-up questions or add/give necessary information
" Overhead ‘Professionals Involved in Child Offender Cases’
è Uncover the relevant part of the overhead while explaining (< 9 years)
We do not include the group of children under the age of 9 years in this chapter as they are not criminally responsible and therefore cannot be considered as child offenders (article 52 of the Criminal Code (2004)). Once the age of the child is proven to be below nine years, the only responsibility and duty of judges and prosecutors in this circumstance, is not to hold the child criminally responsible. Of course, as long as the child’s age is unknown and under examination, the police play a role in cases of children below 9 years (until their age is determined).
Professionals involved in cases of children below 9 years of age:
- no police
- no judges
- no prosecutors
6.2.2. Professionals in Cases of Child Offenders between 9 and 15 Years (p.3 of Wb-JfC)
Time: 10 minutes
Objective: Knowing which professionals are involved in cases of children between 9 and 15 years
Methods: Dialogue
Aids: " Overhead ‘Professionals Involved in Child Offender Cases’
Method: Dialogue (¸ 10 minutes)
Instructions:
è Ask the participants which professionals are involved in cases of children between 9 and 15 years
è Formulate follow-up questions or add/give necessary information
" Overhead ‘Professionals Involved in Child Offender Cases’
è Uncover the relevant part of the overhead while explaining (9 to 15 years – minor/serious offence)
The group of child offenders between 9 and 15 years of age is divided into two subgroups on the basis of the nature of the offence:
Ø child offenders who are alleged of having or have committed a minor offence
Ø child offenders who are alleged of having or have committed a serious offence
(Alleged) child offenders between 9 and 15 years of age are classified as ‘young offenders’ and held criminally responsible for their offences (article 53 of the Criminal Code (2004)). If they are alleged of having committed a minor offence, as per article 89 of the Criminal Code (2004)), the police conduct the investigation as per court order. If the offender is found guilty, the court imposes a special measure (article 53 of the Criminal Code (2004)). The police that are involved in these minor cases can either be working at ordinary police stations or the specialized 'Child Protection Units' wherever they exist. The judges involved in these cases can either be judges working at ordinary courts or working at the specialized ‘Child Friendly Bench’. (è§6.6.4. ‘The Child ,Friendly Bench in Addis Ababa’)
Professionals involved in cases of child offenders between 9 and 15 years
who are alleged of having or have committed a minor offence:
- ordinary police or specialized police ('Child Protection Units' ('CPUs))
- ordinary judges or specialized judges (‘Child Friendly Bench’ (CFB))
wherever it exists
If the child is alleged of having committed a serious offence, as per article 168 of the Criminal Code (2004), the court directs the public prosecutor to frame a charge (article 172(3) of the Criminal Procedure Code (1961)). The police assist the public prosecutor with the investigation as per the court order. In these serious cases, if the offender is found guilty, the court has to impose special measures (article 53 of the Criminal Code (2004)). The police that deal with these serious cases can either be police working at ordinary police stations or the specialized 'Child Protection Units' wherever they exist. The judges involved in these cases can either be judges working at ordinary courts or the specialized ‘Child Friendly Bench’ wherever it exists. The prosecutors involved in these cases are prosecutors working at ordinary Prosecutors’ Office. (è§6.5. ‘Treatment of Child Offenders at the Prosecutors Level’)
Professionals involved in cases of child offenders between 9 and 15 years
who are alleged of having or have committed a serious offence:
- ordinary police or specialized police ('Child Protection Units' (CPUs))
- ordinary judges or specialized judges (‘Child Friendly Bench’ (CFB))
wherever it exists
- ordinary prosecutors
Background Note for Trainers – Involved Professionals: Also other professionals, like social workers, medical officials, interpreters, prison guards, etc., may be involved in child offender cases. In this Workbook we only discuss the responsibilities of the primary responsible professionals who work in the justice for children system, i.e. the police, prosecutors and judges.
6.2.3. Professionals in Cases of Child Offenders between 15 and 18 Years (p.4 of Wb-JfC)