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.