Understanding of procedures for the detention of juveniles

In the quest to address challenges resulting from the unlawful detention of children believed to have committed a crime, this article places emphasis on the rights, welfare and dignity of juvenile offenders in Namibia. Several laws deal with how juveniles should be treated during the process of detention and the roles which law enforcement officers should play to ensure a conducive environment thereof.

The law states that no child under the age of 16 shall be arrested and detained in police cells or prison (Article 11 of the Namibian Constitution). Furthermore, it states that the detention of children is a step that needs to be avoided if possible and carried out with the necessary care in all such circumstances. Arrest and detention of juveniles should be the last resort. The following segments outline a number of laws that advocates the rights and dignity of juvenile offenders by focusing on how they should be treated. These safeguards are clearly stated below as follows:

According to the Child Care Protection Act 3 of 2015, the arrest and detention of a child should be regarded as a measure of last resort which is handled in the shortest period. Under this Act, any child held in prison or a police cell must be separated from adults. Children awaiting trial should be detained separately from children who have been convicted of a crime.

Significantly, children who are detained must be kept in a conducive environment that takes into account their particular vulnerability by reducing the risk of harm. Children may stay with their parent, guardian or caregiver in the best interests of the child according to what the situation dictates. According to the Criminal Procedure Act 51 of 1977, a court or a police official may place a juvenile (children under age 18), who is awaiting trial in a safe place such as a shelter or the juvenile cells. If a child was forced into committing a crime by an adult, or driven to crime by neglect, poverty or substance addiction, such circumstances then mean that the child needs assistance rather than criminal punishment.

These aspects should be well understood by police or correctional officers, guardian or parent as well as the child victims of crime when dealing with juveniles who find themselves in such situations. The Namibian Police Force is committed to upholding the values, principles and laws of the Namibian Constitution and is committed to protect and serve all our communities without fear or favour. Compiled by the Namibian Police Public Relations Division