Beijing rules | United Nations Standard Minimum Rules for the Administration of Juvenile Justice

This ppt gives you an idea as to the evolution and development of "Beijing Rules" and the important provisions of the Rules.

1. “BEIJING RULES” United Nations Standard Minimum Rules for the Administration of Juvenile Justice The layout of the answer is given in the description box below

2. INTRODUCTION In September 1980, the United Nations held its Sixth Congress on the Prevention of Crime and the Treatment of Offenders. In this Congress an idea emerged with a need for a bill of rights for young offenders. The United States delegation supported the idea. Much drafting of the policy took place at a conference in Beijing, China. It was originally proposed as a Bill of Rights for Young Offenders, but was eventually renamed the United Nations Standard Minimum Rules for the Administration of Juvenile Justice. Consequentially it was adopted on 29 November 1985 by the United Nations General Assembly. It is pertinent to mention here that the United Nations also proclaimed the year 1985 as the International Year of Youth.

3. The Rules framed by UN serve as a minimum standard to accomplish protection of rights of young. It urged Member States to adapt, wherever this is necessary, their national legislation, policies and practices, particularly in training juvenile justice personnel, to the Beijing Rules and to bring the Rules to the attention of relevant authorities and the public in general. The Standard Minimum Rules applies to juvenile offenders impartially, without distinction of any kind, for example as to race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth or other status.

4. IMPORTANT PROVISIONS OF BEIJING RULES

5. DEFINITION UNDER BEIJING RULES Rule 2.2 defines "juvenile" and "offence" as the components of the notion of the "juvenile offender". The age limits is to be determined by the respective legal systems. It thereby recognises the importance of the economic, social, political, cultural and legal systems of Member States. This makes for a wide variety of ages coming under the definition of "juvenile", ranging from 7 years to 18 years or above.

6. AIMS OF JUVENILE JUSTICE The provision under Rule 5 seeks to achieve the following two most important objectives concerning juvenile justice. The first objective is the promotion of the well-being of the juvenile . The second objective is application of "the principle of proportionality" . The response to young offenders should be based on the consideration not only of the gravity of the offence but also of personal circumstances.

7. DISCRETION OF JUVENILE JUSTICE ADMINISTRATION The provision in Rules 6.1, 6.2 and 6.3 recognises the special need of juveniles and for that it argues for measures for effective, fair and humane juvenile justice administration. It extends scope for use of discretionary power at all levels of investigation, prosecution, adjudication and follow-up of dispositions.

8. RIGHTS OF JUVENILES Rule 7.1 emphasizes some important points that represent essential elements for a fair and just trial. The Rules prescribe basic procedural safeguards such as the presumption of innocence, the right to be notified of the charges, the right to remain silent, the right to counsel, the right to the presence of a parent or guardian, the right to confront and cross-examine witnesses and the right to appeal to a higher authority shall be guaranteed at all stages of proceedings. Juveniles offenders are entitled to these fundamental rights.

9. PROTECTION OF PRIVACY The juvenile's right to privacy shall be respected at all stages in order to avoid harm being caused to her or him by undue publicity or by the process of labelling. (Rule 8.1 ) In principle, no information that may lead to the identification of a juvenile offender shall be published. (Rule 8.2 )

10. SPECIALIZATION WITHIN POLICE In order to best fulfil their functions, police officers who frequently or exclusively deal with juveniles or who are primarily engaged in the prevention of juvenile crime shall be specially instructed and trained. ( Rule 12.1 )

11. DETENTION PENDING TRIAL Detention pending trial shall be used only as a measure of last resort and for the shortest possible period of time. ( Rule13.1 ) Whenever possible, detention pending trial shall be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational 266 setting or home. ( Rule 13.2 ) Juveniles under detention pending trial shall be entitled to all rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations. ( Rule 13.3 )

12. COMPETENT AUTHORITY TO ADJUDICATE Rule 14.1 provides that where the case of a juvenile offender has not been diverted (under rule 11), she or he shall be dealt with by the competent authority (court, tribunal, board, council, etc.) according to the principles of a fair and just trial. Rule 14.2 provides that the proceedings shall be conducive to the best interests of the juvenile and shall be conducted in an atmosphere of understanding, which shall allow the juvenile to participate therein and to express herself or himself freely.

13. LEGAL COUNSEL, PARENTS AND GUARDIAN Rule 15.1 provides that throughout the proceedings the juvenile shall have the right to be represented by a legal adviser or to apply for free legal aid where there is provision for such aid in the country. Rule 15.2 provides that the parents or the guardian shall be entitled to participate in the proceedings and may be required by the competent authority to attend them in the interest of the juvenile. They may, however, be denied participation by the competent authority if there are reasons to assume that such exclusion is necessary in the interest of the juvenile.

14. NEED FOR PROFESSIONALISM AND TRAINING Rule 22.1 provides that professional education, in-service training, refresher courses and other appropriate modes of instruction shall be utilized to establish and maintain the necessary professional competence of all personnel dealing with juvenile cases. Rule 22.2 provides that juvenile justice personnel shall reflect the diversity of juveniles who come into contact with the juvenile justice system. Efforts shall be made to ensure the fair representation of women and minorities in juvenile justice agencies.

15. PROVISION FOR NEEDED ASSISTANCE Rule 24.1 provides that efforts shall be made to provide juveniles, at all stages of the proceedings, with necessary assistance such as lodging, education or vocational training, employment or any other assistance, helpful and practical, in order to facilitate the rehabilitative process.

16. CONCLUSION Thus the Beijing Rules or Standard Minimum Rules are formulated in such a manner that it can be applicable in the domestic sphere of various nation / state and within different legal systems. It suggests minimum standards to be adhered to while dealing with juvenile offences.

17. THANKYOU