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Standard Minimum Rules for the Administration of Juvenile Justice Adopted by the General Assembly, 29 November 1985 (resolution 40/33), Fundamental perspectives Member States shall seek to further the well-being of juveniles and their families. Member States shall try to develop conditions to ensure meaningful lives in the community for juveniles. Sufficient attention should be given to positive measures involving mobilization of resources, such
as the family, volunteers and community groups, to promote the well-being of juveniles. Juvenile justice shall be an integral part of the national development process of each country. Age of criminal responsibility In legal systems recognizing the concept of an age of criminal responsibility for juveniles, such an age level shall not be fixed too low, bearing in mind emotional, mental and physical maturity. Aims of juvenile justice Any reaction by the juvenile justice system to juvenile offenders shall be in proportion to both the offenders and the offense. Scope of discretion Appropriate scope for the exercise of discretionary power shall be allowed at all stages of
legal proceedings affecting juveniles. Efforts shall be made to ensure sufficient accountability at all stages in the exercise of such discretion. Rights of juveniles Basic procedural safeguards, such as the presumption of innocence, the right to be notified of 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, shall be guaranteed at all stages of proceedings. Protection of privacy The juvenile's right to privacy shall be respected at all stages. PART 2: INVESTIGATION AND PROSECUTION Initial contact Upon the apprehension of a juvenile, parent or guardians shall be notified as soon as possible. A judge or other competent official or body shall consider the issue of release without delay. Diversion Consideration shall be given to dealing with juvenile offenders without resort to trial, and any diversion to appropriate community or other services shall require consent of the juvenile or parents. Police officers dealing frequently or exclusively with juveniles shall be specially instructed and trained. Detention pending trial Detention pending trial shall be used only as a last resort and for the shortest possible period of time. When possible, detention pending trial shall be replaced by alternative measures, such as close supervision or placement with a family. Juveniles under detention pending trial shall be kept separate from adults. While in custody, juveniles shall receive care, protection and all necessary assistance that they may require in
view of their age, sex and personality. PART 3: ADJUDICATION AND DISPOSITION Competent authority to adjudicate Where the case of a juvenile offender has not been diverted, she or he shall be dealt with by the competent authority according to the
principles of a fair trial. Judicial proceedings shall be conducted in an atmosphere of understanding, allowing the juvenile free self-expression. Legal counsel, parents and guardians Throughout the proceedings, juveniles shall have the right to be represented by a legal advisor. Parents or guardians shall be entitled to participate, unless their exclusion is required in the best interests of the juvenile concerned. Social inquiry reports Prior to sentencing and final disposition, the background and circumstances of the offender shall be properly investigated. Guiding principles in adjudication and disposition Regarding adjudication and disposition, the reaction taken shall always be in proportion not only to the circumstances and gravity of the offense, but also to the needs and circumstances of the juvenile and society. Restrictions on the personal liberty of juveniles shall be imposed only after careful consideration and shall be limited to the minimum. Deprivation of liberty
shall not be imposed except in cases of serious acts involving violence against another person or of persistence in committing other serious offenses. Capital punishment shall not be imposed for any crime committed by juveniles. Juveniles shall not be subjected to corporal punishment. Various disposition measures To provide flexibility
so as to avoid institutionalization to the greatest extent possible, a large variety of disposition measures should be made available, including probation, community service, supervision, financial penalties, group counseling, foster care, etc. No juvenile shall be removed from parental supervision unless due to necessary circumstances. Least possible use of institutionalization The placement of a juvenile in an institution shall always be a disposition of last resort and for the minimum necessary period. Avoidance of unnecessary delay Each case shall be handled expeditiously. Records Records of juvenile offenders shall be kept strictly confidential and shall be limited to duly authorized personnel. Records of juvenile offenders shall not be used in adult proceedings in subsequent cases involving the same offender. Need for professionalism and training
Professional education, in-service training, refresher courses and other modes of instruction shall be utilized. Juvenile justice personnel shall reflect the diversity of juveniles in contact with the justice system. Efforts shall be made to ensure fair representation of women and minorities. PART 4: NON-INSTITUTIONAL TREATMENT Provision of needed assistance Efforts shall be made to provide necessary assistance, such as lodging, education, vocational training and employment, to facilitate the rehabilitation process. Help from volunteers shall also be sought. PART 5: INSTITUTIONAL TREATMENT Objectives of institutional treatment Measures shall be taken within institutions for juveniles to provide care, protection, education and vocational skills to assist offenders in assuming constructive and productive roles in society. Juveniles in institutions shall be kept separate from adults, and special attention shall be given to young female offenders. Conditional
release from institutions with appropriate support and assistance shall be used to the greatest extent possible. Semi-institutional arrangements Efforts shall be made to provide semi-institutional arrangements, such as halfway houses, educational homes and daytime training centers, to assist juveniles in their reintegration into society. PART 6: RESEARCH, PLANNING, POLICY FORMULATION AND EVALUATION Research as a basis for planning, policy formulation and evaluation Efforts shall be made to review and appraise periodically the causes and problems of juvenile delinquency and crime and the needs of juveniles in custody. Index | |||||
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