Following the enactment of the Juvenile Law of 2021, there is now a new system in place to deal with minors who are suspects or defendants in criminal proceedings.
Specifically, the law creates a new Juvenile Court, which has jurisdiction to hear all cases where the defendant is a minor or who is under the age of 21 and is accused of an offence allegedly committed when the defendant was a minor.
The law provides that the Juvenile Court must be based in a separate building to the District Court where criminal cases are heard. Furthermore, alternative sentences are provided for in the event that a minor is convicted, with the aim of avoiding custodial sentences being imposed.
In fact, the deprivation of the liberty of a minor, whether that be a period in remand as a suspect, remand pending trial or the imposition of a custodial sentence are characterised as a last resort.
The law also provides for pre-trial rights of minors, whether they are suspects or are in custody. They must be afforded legal advice immediately and it is impermissible for a statement to be taken from a minor without a lawyer and a parent (or in the absence of a parent, a Social Worker) being present.
This law will most surely prove to be vital and it certainly changes the landscape regarding the criminal justice system in place to try minors. The next challenge will be the strict adherence of the law, which provides for separate buildings and holding facilities, which are not yet in place.
Dimitris Lochias*
Criminal Law Advocate – Lawyer
*Dimitris Lochias is a lawyer who specialises in the criminal law and human rights issues and is a Member of the Cyprus Bar Association. He practices in criminal & extradition law in all levels of Cyprus’ Courts, including the Supreme Court, District Courts and in the Sovereign Base Area (SBA) Courts of Episkopi & Dhekelia.