LAWS affecting children will be updated in January for the first time in 40 years.
Yesterday, the States passed two laws to replace old legislation that no longer fits in with many areas of family life in today.
The changes are designed to create a legal system for children and families that is uniquely suited to the Bailiwick.
Director of services for children and young people Jacqui Gallienne (pictured) said the welfare of youngsters was at the heart of the new legislation. But she also emphasised the responsibilities of parents and others caring for them.
‘Our children are our most important investment for the future and we owe it to them to help them to grow up to be happy and healthy members of society who are willing and able to make a positive contribution to the community in which they live.’
The Bailiwick must comply with internationally agreed standards, such as those set out in the European Convention of Human Rights and the United Nations Convention on the Rights of the Child.
Britain has updated its children laws between 1989 and 2003 and Guernsey has taken the opportunity to study those laws, noting parts that work well and those that are problematic.
Research was conducted locally involving parents, professionals and children.
The new laws will see the introduction of the Child Youth & Community Tribunal, which will take over responsibility for many of the cases that until now have gone before the courts.
The team of trained volunteers is independent and will make decisions about children and young people aged under-18 years who may be at risk of harm, involved in offending behaviour or not attending school.
A basic principle behind the system is that children’s needs and deeds should be tackled together.
Where a young person has committed a criminal offence, the tribunal will look at family circumstances, as well as the young person’s behaviour.
In cases involving serious and persistent offences, the children’s convenor, Karen Brady, or her deputy, James Ovenden, will discuss with HM Procureur which cases the tribunal will deal with and which will go before the Juvenile Court.
This court will comprise of a magistrate sitting alone, rather than with members of a juvenile panel. It will also continue to hear traffic offences.
The new tribunal will be based at Briarwood, Grande Rue, St Martin’s, which formerly housed The Orchard Clinic.
n Further public information initiatives are planned during the week or so after the new laws come into force on Monday 4 January, including a leaflet drop to every household in the Bailiwick and a website www.childrenlaw.gg.
Article posted on 10th December, 2009 - 2.29pm
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