Who is considered a Juvenile?

Under Bermuda law, a juvenile is classified as a child between the ages of 8 and 15 inclusive.  The law regarding young people and the criminal justice system can be largely found in the Young Offender's Act 1950, where a juvenile is defined as a 'child' for the purposes of the law.  For the purposes of criminal law, a 'young person' is defined as a person between the ages of 16 and 17 inclusive.

Juveniles and Crimes
A Juvenile can be charged for any crime that an adult can be charged with.  It is important to note that in Bermuda, a child as young as 8 years of age can be held responsible for committing a crime.  Although this may be the case, children this young are rarely dealt with by the criminal justice system.


Juveniles and the Criminal Justice System
Under Bermuda Law, when a juvenile commits an offence, there are several options available on how to deal with a juvenile:

1.  A caution can be given by the police to the juvenile and adults alike (if guilt is admitted and they take responsibility for the act).  There are no criminal charges in connection with this a caution.  This caution is at the sole discretion of the Police Officer.


2. The juvenile can be referred by a police officer to a magistrate and the Director of Child and Family Services to be given an anti-social behaviour order (ASBO).  An ASBO can be given to any young person between the ages of 10 and 17 years inclusive.  The juvenile is not charged for the offence, but must follow what the order says, whether it is a curfew, or staying away from certain areas.  The juvenile does not get criminally charged.  However, if the juvenile does not follow what the order says, they can be criminally charged which can lead to a conviction.

* The law regarding ASBOs is found under the Parental Responsibility Act 2010.  It is important to note that although the legislation on ASBOs has existed in Bermuda since 2010, this writer is unaware of any use of these provisions to date.


3. A juvenile can also be charged by the police with the offence.  This means that the juvenile will be officially charged and summonsed to appear in juvenile court to have their case heard before a Magistrate.

Juveniles and Court Appearances

A picture of what Juvenile Court looks like

Once a juvenile is officially charged, they are summonsed to appear in juvenile court which is part of Magistrate's Court. Juvenile Court is a specialty court which hears cases where juveniles are the defendants.  Juvenile court is a closed court which means that it is not open to the public.  The magistrate sits with two lay magistrates (persons who have no legal background, but who are Justices of the Peace).  In court, there will be a prosecutor (lawyer who represents the Crown) who is responsible for prosecuting the juvenile. There is no legal  representation available to defend juveniles in juvenile court.  Legal representation will need to be obtained by a juvenile's parents through legal aid or through a private lawyer.  (Recently, Duty Counsel has been appearing in juvenile court during the plea stage of a juvenile's case)

Juveniles and Sentences
Before a juvenile is sentenced there is no legal provision that a magistrate must order a   pre-sentence report (known in Bermuda as a Social Inquiry Report) before a juvenile is sentenced, but on the basis of best practices, magistrates regularly request them in Juvenile Court.

The following sentences are available to magistrates when sentencing juveniles:

1. Absolute Discharge - the charges against juveniles are discharged upon a find or admission of guilt.
2. Conditional Discharge - the charges against the juvenile are discharged with conditions upon a find or an admission of guilt.
3. Probation - the juvenile is sentenced to Probation and will receive a conviction.  Probation can be for a maximum of three (3) years.
4. Fine 
5. Reparation
6. Damages
7. Detention - if the juvenile commits an offence that is punishable with imprisonment, and they are found guilty or plead guilty, the juvenile cannot be sent to prison but can only be  be sent to be in the care of the Director of Child & Family Services.  It is unlawful to send a child between the ages of 8-15 to prison or detention.

Juveniles Convictions and Criminal Records

The law and policy surrounding juvenile records is an area that requires further attention given the implications of having a criminal record.  Once a juvenile has been convicted in a juvenile court for an offence, the offence will be recorded on their 'Descriptive and Conviction Sheet' which is held by the Criminal Records Department with the Bermuda Police Service.  Although it is understood that juvenile records are meant to be 'sealed', it is also understood that they continue to appear on a juveniles criminal record into their adulthood. There is also no expungement of a juvenile's criminal record once they reach a certain age.  The record will continue to exist.  

Juveniles and Rehabilitation of Offenders Act
Subject to further clarification, a juvenile's offence or offences can become spent under the Rehabilitation Act once a period of 7 years has passed.  This means that before this time, it is arguable that offences must be declared upon request.  

Important Notes: This information was last updated in December 2013.  This is intended as general guidance only.  It must not be regarded as a definitive interpretation of the law.  Anyone in doubt should seek legal advice.

Bermuda Youth Law Survey

Bermuda Youth Law (BYL) has started conducting its first survey to explore the needs of young people aged 12-24.

Welcome to Bermuda Youth Law’s Survey for young people in Bermuda aged 12 – 24. 

Bermuda Youth Law is a non-profit organisation that advocates on behalf of young people. Your answers will help to improve the services for young people.

To complete this survey online go to:

 <a href="http://www.surveymonkey.com/s/B8RGXMN">Click here to take survey</a> 

YOUR PARTICIPATION IN THIS SURVEY IS VOLUNTARY.

IF YOU COMPLETE AND SUBMIT THE SURVEY WE WILL INTERPRET THAT AS YOU GIVING CONSENT TO PARTICIPATE. 
IF YOU CHANGE YOUR MIND YOU CAN STOP AT ANY TIME.

YOUR RESPONSES WILL BE KEPT CONFIDENTIAL and ANONYMOUS.

Common Questions

This article is being updated.

In the meantime, please post any questions you may have.

Glossary of Legal Terms

Term Definition Abscond A failure to return to police custody after being released on Bail. Absolute Discharge This is a type of Sentence;  after you are found guilty or you plead guilty,  the Court takes no further action against you and the charge will be dismissed (although you will not be convicted, it may still be recorded on your Criminal Record). Accused A person charged with an Offence.  Also referred as the 'defendant'. Acquittal A discharge of the defendant or following a finding of not guilty. Advocate General term for a lawyer appearing in Court.  Arrest Lawful detention of a suspect, usually by a police officer. Bail The release of a Defendant from custody until their Court appearance.  The Bail may include conditions specified by the Court  that the Defendant must follow. Caution If you are arrested by the Police for a minor Offence and you accept responsibility for the Offence, the Police may give you a warning rather than Charge you. Charge A formal accusation against a person alleging he or she has committed a crime. Child & Family Services If you are between the ages of 8 and 15 and convicted of an offence that is punishable with prison, you cannot be sent to prison, but may be sent to be in the care of the Director of Child & Family Services Co-Educational Facility A prison for young people between the ages of 16 and 17. Conditional Discharge This is a type of Sentence; after you are found guilty or you plead guilty,  the charges against you will be discharged on the condition that you do not reoffend again within a certain time (although you will not be convicted, it may still be recorded on your Criminal Record) Conviction This is what will be recorded against your name if you plead guilty or are found guilty of a criminal offence. Counsel A lawyer (Barrister or Solicitor). Criminal Record When someone is found guilty of a crime, the police and the court can keep track of it in a file called a record. These records can cause problems for people for a long time.  For example, a criminal record makes it hard to get a job or travel to other countries. A criminal record may also affect a person’s immigration status, and in some cases, may even affect their family’s immigration status. Defence Lawyer This is a criminal lawyer who will defend or represent you in Court. Defendant See 'accused' Department of Public Prosecutions (DPP) Government Department responsible for prosecuting criminal cases investigated by the Police.  A Prosecutor decides whether there is enough information to take the case to Court. Duty Counsel These are lawyers present in Court when you appear for your offence.  If you do not have a lawyer, they will provide you with free legal advice. (normally, there is no Duty Counsel in Juvenile Court, however they have been appearing only recently during the plea stage) Indictable only Offence An Offence that can only be tried in Supreme Court. Justice of the Peace Another title for a Lay Magistrate. Juvenile A young person who is between 8 and 15 years old. Juvenile Court A Magistrate's Court that was created to deal with children between the ages of 8 and 15 years for Criminal Offences. Lay Magistrate This is the name given to the two persons who sit with the Magistrate in Juvenile Court. Legal Aid Is financial assistance for persons who need legal representation.  You may apply for Legal Aid or your parents may apply on your behalf if you are of a certain age. Magistrate This is the name of the Judge in Juvenile Court and Magistrate Courts. Magistrate's Court This is the lowest of the criminal courts in Bermuda and deals with the majority of criminal cases.  Offence An Offence happens when you break the law, by doing something or by failing to do something. (see Summary Offence). Plea Court This is the start of a criminal case in Court where the accused is asked to whether they will plead 'guilty' or 'not guilty' to the Offence. Plead When you appear in Court the Magistrate will ask you whether you plead guilty or not guilty.  Presumption of Innocence If you have been charged with an offence, you are presumed innocent until a Court finds you guilty. Probation This is  a type of Sentence: the maximum time is three (3) years and you will be supervised by a Probation Officer. Prosecutor This is a criminal lawyer whose duty it is to find you guilty or prosecute you. Rehabilitation Period This is the length of time that must pass from the date of your Conviction or the date you are released from prison.  Once this time has passed you don't normally have to reveal to anyone that you have a conviction. Right to Silence If you are arrested by the Police and questioned, you have the legal right to remain silent. Sentence If the Magistrate finds you guilty of breaking the law, you will be brought before the court, charged and sentenced. Social Inquiry Report If you plead guilty or found guilty, the judge will decide on a sentence and may ask the Probation Officer to give the court some background information in the form of a written report (Social Inquiry report). This takes time to prepare. The Probation Officer will then talk to you to find out about your background, and your family situation. The Probation Officer may also talk to your parents or guardian or to other people who know you. Summary Offence This type of Offence can only be tried in Magistrate's Court. Supreme Court A Court that hears criminal offences that cannot be heard in the Magistrate Court. Suspended Sentence A sentence of imprisonment which does not take effect unless the defendant commits another offence in a certain time. Triable Either-way-offence An offence that can be tried in Magistrate's Court or Supreme Court. Trial If you Plead not guilty in Court for your Offence, a trial will be held to determine if you are guilty or not guilty.  You will be questioned by the Prosecutor and witnesses could also be called.  At the end of the trial, the Magistrate will decide if you are guilty or not guilty. If the judge decides you are guilty, he or she will impose a Sentence. If the judge decides you are not guilty, you will be free to go. For more information on Young People and Bermuda's Courts please see the following link: http://www.ca.gov.bm/documents/YouthGuidetotheBermudaCourtSystemEnglish_000.pdf

       Important Notes: This information was last updated in December 2013.  

This is intended as general guidance only.  It must not be regarded as a 
definitive interpretation of the law.  Anyone in doubt should seek legal advice.

Aged Based Legal Rights

   In Bermuda, the age of majority is 18 years old.  That's the age when you legally become an adult and get to do things like vote in an election.  However, there are some things that you can do before you legally become an adult.

Young people in Bermuda gain the following legal rights at different ages:

Age	Right or Responsibility
8	Responsible for crimes (Criminal Responsibility)
13	Permitted to Work
16	Get a Bermuda Youth Licence to ride an auxiliary cycle (50cc)
16	Sentenced as an adult for crimes
18	Purchase Cigarettes and Tobacco

18	School leaving age

18	Vote in a national election

18	Get married (without parent's permission)

18	Obtain a licence to drive a car

18	Purchase and drink alcohol

In this section, age-based legal rights for the following activities:

School

Bermuda School Children

All children between the ages of 5 and 18 must attend school on every school day. However, you may be able to leave school earlier if you are in senior school and you have met the graduation criteria at an earlier age.

Work

It is illegal for children under 13 to work in any type of employment unless they are working for their parents and the type of work is light work.  All children between 13 and 18 shall not work during school hours nor shall they be employed for two hours or more on a day that they have attended school. Children who reach the age of 13 can work without their parent's permission.

If you are under the age of 15 years you are not permitted to be involved in any industrial work.  

If you are under the age of 18 your employer cannot employ you to work past midnight.   

Bermuda Youth Licence

Riding Test for Project Ride Program

Riding a motorbike in Bermuda is a privilege and not a right.  When you reach the age of 16 years old, you will be eligible to ride an auxiliary cycle (50 cc).  However only upon completion of the Project Ride Program arranged by Transport Control Department and obtaining your Bermuda Youth Licence will you have the legal right to ride an auxiliary cycle. 

Riding Test for Project Ride Program

Once you have obtained your Youth Licence there are some limits to the licence.  You will not be able to carry any passengers on your bike nor can you ride your bike between the hours of 1 am and 5 am.  If you violate these conditions, you could be brought before the courts fined or have your licence revoked.

You can participate in Project Ride Program as early as 6 months before you turn 16 years old.

For more Information on Project Ride visit the following websites:
http://www.bermudaroadsafety.com/index.phpoption=com_content&view=article&id=29&Itemid=154

http://www.youtube.com/watch?feature=player_embedded&v=5FSWuXeoEJs

Committing a Crime

The first time a young person aged between  8-15 does something wrong they can appear in Juvenile Court even though the Police do have a discretion to give them a caution for the first time they get into trouble  but this is no guarantee.

If it is not the first time they have been in trouble or if the offence is more serious, like carrying a knife, assaulting someone or gun crime, they will normally appear in Juvenile Court. Crimes for murder or attempted murder will be heard in an adult court.

If a young person under 16 years is convicted for their offence in Juvenile Court, they can be sentenced to an absolute discharge, a conditional discharge, probation, a fine, damages or reparation.  If it the offence is only punishable with a prison sentence, they can only be sent to be in the care of the Director of Child & Family Services.  It is unlawful to send a child between the ages of 8-15 to prison or detention.

Children who are between 16 and 17 years or older, will appear in the adult courts and will be sentenced as an adult.  However, if an offence is punishable with a prison sentence they will be sentenced to corrective training at the Co-Educational Facility which is the senor training school.   

     Important Notes: This information was last updated in March 2017.  This is intended as general guidance only.  It must not be regarded as a definitive interpretation of the law.  Anyone in doubt should seek legal advice.

Mission of Bermuda Youth Law (BYL)

Bermuda Youth Law (BYL) has been created with the aim of providing a service to Bermuda's young people to help improve their community awareness and their rights and responsibilities under the law.

BYL seeks to increase knowledge about the legal issues facing young people through presentations to community groups, schools, post secondary and law-students, law firms and to professionals working with youth.  BYL also aims to distribute public legal education and information through print and internet resources.

It is the belief of BYL that all children and youth confronting legal issues are entitled to legal advice, information and representation. Consistent with their developing capacities, we believe children and youth should be provided with all available information and choices to help them make informed decisions.

Please let us know if this website has been helpful to you or if you would like to provide feedback regarding the information available on this site.

Important Note: This should not be used instead of legal advice. If you have a legal problem, don’t just rely on this information, contact Legal Aid, Bermuda Youth Law, a community legal centre or a lawyer.