HANDLING OF CHILDREN IN CONFLICT WITH THE LAW CASES IN TANZANIA: ANALYSIS OF LAW AND PRACTICE
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Keywords:
Juvenile justice, Children in conflict with the law, Public prosecutorsAbstract
Handling of children in conflict with the law cases has got its unique way of doing it, it does not follow the procedure narrated under the Criminal Procedure Act Cap. 20 [R.E. 2002]. Part IV of the Law of the Child (Juvenile Court Rules) provides for those procedures. The Law of the Child Act No. 21 of 2009 was enacted to replace The Children and Young Persons Ordinance Cap 13 and to comply with the regional and international requirements in relation to treatment of children especially to what is enshrined in the United Nations Convention on the Rights of the Child abbreviated as UN-CRC and the African Charter on the Rights and Welfare of the Child also abbreviated as ACRWC . Among the crucial treatment is prosecution of children in conflict with the law. The LCA clearly stipulates in its preamble that among others; that is what has been adopted from the UN-CRC and ACRWC is the making of provisions with respect to handling of children in conflict with law and to provide for related matters.
Recognizing the presence and the importance of the LCA on May, 2016 the Chief Justice made the Juvenile Court Rules which was published under Government Notice No. 182. The Juvenile Court Rules was made under section 99(1) of the LCA.
The purpose of these local rules is to establish procedures for Juvenile Courts, which are designed to fulfil the purposes of the LCA. To that end, these rules serve the following functions: (a) To help juvenile justice personnel to know exactly what is supposed to be done during juvenile trials; (b) To help elimination of unnecessary delays in court proceedings; and (c) To help the parties present issues and evidence to the juvenile court in an efficient and simple manner considering the vulnerability of children. This article therefore, addresses necessary procedures for handling children in conflict with the law from arrest point to sentencing as suggested by the JCR and personnel involved main focus being public prosecutors roles under the processes and suggests the way forward.
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