Fiji’s Acting Chief Justice Salesi Temo says politicians need to carefully weigh the implications of changes to the country’s juvenile justice laws.
Speaking during the Q&A session on “Shifting the Age of Criminal Responsibility” at the 2024 ODPP Prosecution Conference, Justice Temo highlighted the difficult trade-offs in raising the age of criminal responsibility.
“Politicians will have to answer because, at the end of the day, they are the ones who make the law we abide by,” he said. “I suppose every politician knows, come election day, they will have to pay for their decision. Leniency sometimes brings you good things and also brings you bad things.”
Justice Temo recounted a case where a 17-and-a-half-year-old male raped a five-year-old girl. Under existing laws, the offender could only be sentenced to a maximum of two years in prison because he is classified as a juvenile. By comparison, the tariff for child rape by an adult is between 11 and 20 years.
“Who pays the price? Do you expect the parents of the five-year-old to pay the price for society’s leniency on juveniles?” he asked.
Justice Temo said the system appears to prioritise the rights of offenders over victims.
“When I go back to my chamber, I would think, who is the victim here? The whole criminal justice system appears to be treating the aggressor, in this case, the accused, as the victim, as opposed to the victim itself. Where is the justice for that five-year-old child and their parents?”
He challenged the audience of young lawyers attending the conference to consider how they would feel if their own child were the victim of such a crime.
“What will be your view if your daughter is raped by a 17-and-a-half-year-old? What would you like to see justice deliver?”
The discussion comes as Fiji moves to raise the age of criminal responsibility from 10 to 14, a move intended to align the country with international standards such as the UN Convention on the Rights of the Child. The proposal is part of the Child Justice Bill, which also aims to shift the focus of juvenile justice toward rehabilitation and care rather than punishment.
Advocates, including UNICEF and the Ministry of Women and Children who are the movers of the bill, argue that children under 14 lack the neurological maturity to fully understand the consequences of their actions. Benjamin Wildfire UNICEF Pacific’s Child Protection Specialist said, “Children who are being used as drug mules are children who are being exploited. The appropriate response would be linking those children with services, removing them from the environment where they’re being exploited, and … holding the person who is using them as drug mules accountable.”
However, the Fiji Police Force Senior officer ACP Mesake Waqa warned that raising the age of criminal responsibility could lead to an increase in serious crimes committed by children aged 10 to 13 without fear and legal repercussions.
Statistics he shared during the conference revealed that between 2019 and 2023, Fiji recorded 4,641 juvenile crime cases. These included serious offenses such as theft, burglary, sexual assault, rape and even murder. Waqa highlighted that any changes must carefully balance rehabilitation with accountability to prevent further harm to society.
Justice Temo referred to Waqa’s data, underscoring the complexity of addressing juvenile crime.
“I’ve heard Officer Waqa spell out the amount of offending among juveniles,” he said. “We all have to answer this question: do we penalise the parents if we raise [the age of criminal responsibility] from 10 to 14?
“Do we make exceptions? Do you release them from minor crimes and raise the standard to 14 for, say, criminal trespass, theft, but keep exceptions for murder, rape, manslaughter? These are some decisions that the politicians will have to answer.”
Justice Temo underscored the need for careful decision-making. “If the way we are going is to raise it up to 14 years, how are we going to deal with this? Remember, those who are vulnerable will end up paying the price for our leniency on juveniles. That is the question we all have to answer.”
The Child Justice Bill or Bill No.4 of 2024 which effectively replaces the Juveniles Act is currently before parliament for debate along with the Child Care and Protection Bill which is said to be geared towards protecting victims as well, providing them broader support as well.
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