Mr. Speaker,

The amendments to the Child Justice Act make some important changes. However, they may not be sufficient to effectively address excessive loitering and the broader issues related to juvenile crime in Antigua and Barbuda. Here are some suggestions to improve the bill:

1. Focus on Root Causes of Loitering:

– Issue: Simply placing children into secure residential facilities may not address why they are loitering in the first place (e.g., lack of recreational activities, educational opportunities, or family support).

– Improvement: The bill could incorporate preventive measures such as after-school programs, vocational training, and community engagement initiatives aimed at keeping children constructively occupied and away from loitering hotspots. Collaborating with youth organizations and schools to create more structured activities for young people would be essential.

2. Establish Diversion and Counseling Programs:

– Issue: Referring children to secure residential facilities for minor offenses may escalate their criminal behavior by exposing them to more serious offenders.

– Improvement: Introduce diversion programs where children involved in minor offenses like loitering are referred to counseling, community service, or mentorship programs instead of secure facilities. This helps address behavioral issues early and reduces recidivism.

3. Review the Use of Secure Residential Facilities:

– Issue: Automatically placing children in secure residential facilities, even for Schedule II offenses, could lead to overcrowding and excessive institutionalization.

– Improvement: Ensure that placement in a secure residential facility is a last resort. The bill could require a mandatory assessment of the child’s circumstances (e.g., family situation, risk of reoffending, etc.) before deciding on secure placement. The aim should be to rehabilitate rather than punish.

4. Increase Community and Parental Responsibility:

– Issue: The bill places a lot of responsibility on law enforcement but less on families and communities.

– Improvement: Strengthen provisions that involve parents, guardians and community leaders in efforts to reduce loitering. For instance, include mandatory parenting workshops or community engagement programs as part of the child’s rehabilitation process.

5. Develop Graduated Consequences for Repeat Offenders:

– Issue: The bill’s punitive approach may not effectively deter repeat offenses.

– Improvement: Implement graduated penalties for repeat offenders. For first-time loiterers, focus on education and warnings. Subsequent offenses could result in curfews, community service, or counseling, with secure residential facility placement reserved only for those who continue to offend.

6. Age-Appropriate Handling of Offenses:

– Issue: Referring children as young as 14 to prison for Schedule I or II offenses, even with extended sentences, may be counterproductive. Juvenile detention may not provide the necessary rehabilitation.

– Improvement: Include provisions for age-appropriate rehabilitation options, such as youth correctional programs that emphasize skills training, education, and behavior modification, instead of regular prison sentences. Ensure that any incarceration is accompanied by rehabilitation-focused programs to aid reintegration into society.

7. Expungement of Records and Rehabilitation Pathways:

– Issue: The repeal of automatic expungement of records at age 21 may have long-term consequences, limiting employment and educational opportunities for rehabilitated youth.

– Improvement: Implement a conditional expungement process that allows for record clearance based on good behavior and participation in rehabilitation programs. This could motivate youth to reform and offer them a fresh start after proving their commitment to change.

8. Monitoring and Evaluation Mechanism:

– Issue: The bill lacks clear mechanisms for evaluating the success of these amendments.

– Improvement: Include provisions for monitoring and evaluation to assess the effectiveness of the amendments in reducing loitering and youth crime. Annual reviews, involving input from social workers, law enforcement, and community leaders, could help refine the approach as needed.

9. Public Awareness and Education Campaigns:

– Issue: Addressing loitering and juvenile crime is not solely a matter of enforcement but also of public perception.

– Improvement: Launch a public awareness campaign to inform youth, parents, and the community about the changes in the law, the consequences of loitering, and the support systems available. This could also help reduce stigmatization and promote community-based solutions.

Mr. Speaker,

While the amendments signal a tougher stance on loitering and minor offenses. Nonetheless, they can be improved by incorporating preventive, rehabilitative, and community-based measures. The focus should be on addressing the underlying causes of loitering, providing youth with positive alternatives, and ensuring that penalties and interventions are proportionate and rehabilitative rather than punitive.