Mr. Speaker,

This Bill to amend the Small Charges Act introduces important measures to curb loitering among children by setting restrictions on their movement, especially at night. However, whether these provisions will effectively discourage loitering and maintain law and order depends on a few key factors. Here are some observations and suggestions to improve the overall effectiveness of the Bill.

Strengths of the Bill:

1. Accountability for Parents: By holding parents accountable with financial penalties, the bill emphasizes parental responsibility, which can lead to better supervision of children.

2. Clear Curfew: Setting a specific time period (10pm to 6am) when minors cannot be out unsupervised provides law enforcement with a clear rule to follow and helps maintain public safety during late hours when crime risks are higher.

3. Involvement of Police in Prevention: Empowering police officers to intervene when children are found loitering could reduce instances of youth being unsupervised and engaging in criminal activities, particularly late at night.

Potential Shortcomings:

1. Over reliance on Penal Measures: The bill heavily relies on penalties, including fines for parents and charging the child with loitering. This approach could lead to criminalizing minors for what may be a social or economic issue, such as lack of access to safe spaces for recreation or parental neglect.

2. Strain on Police Resources: The bill may place a burden on law enforcement, requiring them to monitor and enforce the curfew and take children home or to police stations. In practice, this could strain police resources, especially if they must handle multiple cases of loitering during busy periods.

3. Absence of Rehabilitative Measures: The bill does not address the root causes of loitering, such as poverty, family issues, or lack of youth programs, and fails to provide alternatives to punishment, such as counseling or community-based interventions.

Suggestions for Improvement:

1. Diversion and Counseling Programs: Rather than focusing on punitive measures, the bill should provide for diversion programs. Children found loitering, particularly at night, could be referred to counseling or social services instead of facing charges. This would help address underlying issues such as family conflict, neglect, or lack of safe recreational activities.

2. Community-Based Solutions: In addition to involving law enforcement, the bill could encourage community-based interventions such as working with schools, churches, or local organizations to provide safe spaces for youth after school hours and offer structured activities to keep them off the streets.

3. Strengthen Parental Support: Instead of focusing solely on fines, the bill could also include parental support measures. For example, parents could be required to attend parenting workshops or receive counseling to help them better supervise and guide their children. Fines alone may not change behavior, especially if parents are unaware of the risks their children face or are struggling with their own socioeconomic challenges.

4. Graduated Penalties for First-Time Offenders: The penalties for parents (ranging from $2,000 to $5,000) could be significant for some families. Instead of immediate fines, a graduated penalty system could be introduced. For a first-time offense, parents could receive a warning or mandatory counseling. Repeat offenses could then trigger fines or other corrective measures.

5. Alternative for Youth Out Past Curfew: The bill could also provide alternative provisions for youth who may have legitimate reasons for being out at night (e.g., returning from work, attending late-night events). This could be accomplished through a permit system or specific exceptions that allow for flexibility, so that responsible youth are not unduly penalized.

6. Public Awareness Campaign: A successful implementation of the bill would require a public awareness campaign to inform both youth and parents about the new rules, the risks associated with loitering, and the support services available. This would foster a preventive approach, reducing the need for enforcement by encouraging voluntary compliance.

7. Partnership with Social Services: Police officers tasked with dealing with loitering children should work closely with social workers. When a child is repeatedly found loitering, social services could assess the home environment and provide necessary support or interventions, including temporary removal from unsafe homes if neglect or abuse is suspected.

8. Establish Safe Zones for Youth: To give youth a safe and supervised alternative to loitering, the government could partner with community organizations to establish designated safe zones or nighttime youth centers that are open during curfew hours. These places could offer activities, mentorship, and a safe environment for youth who might otherwise be on the streets.

Mr. Speaker,

While the amendments to the Small Charges Act address the issue of loitering with clear restrictions, more should be done to balance enforcement with preventive and rehabilitative measures. A more comprehensive approach involving community support, parental guidance, youth programs, and social services will not only discourage loitering but also promote positive development and safer environments for children.