Soon after the arrest, the probation officer should be available to go to the child's residence in order for him
to prepare the report. In circumstances where a child's parents are not known, for example for children living
in the streets, the probation officer should stand in as the guardian for that child.
4.4.
PUBLIC PROSECUTORS
The CPEA provides for the functions of a Public Prosecutor. These are representatives of the Attorney
General who are charged with the duty to prosecute criminal cases. From the police, the juvenile is sent to
the court where he will meet the prosecutor first. The juveniles should not be treated like adults. Officials
stated that usually juveniles should only be prosecuted for serious cases. There are other methods that can
be used in place of criminal prosecution in the interest of the development of the child. The prosecutor
should normally rely on the recommendations by the probation officer on how to deal with the juvenile.
4.5.
MAGISTRATES
Magistrate should try the child brought to court and see to it that justice is done. Where a child is put on
trial, it is important where possible that the child be assisted by a parent or guardian if not by a legal
practitioner. Where the court considers that he requires the assistance of another person, court may permit
him to be assisted by that person. Honorable Justice Mr.Chitakunye highlighted that it is ironic that the
criminal justice system in Zimbabwe tends to prosecute juveniles and in most cases unassisted and expect
them to be able to defend themselves whilst the civil law denies them such. They are deemed incapable to
ably represent themselves.103 The magistrate should assist the juvenile in canvassing important aspects of his
defence and mitigation if unrepresented.
4.6.
PRISON OFFICERS
The prison is the last call after a child has been remanded in custody or sentenced to imprisonment. The
prison service has the mandate to incarcerate as well as to rehabilitate the child offenders for successful
reintegration into the society. On admission, a rehabilitation officer should induct the juvenile or provide
counseling to the child to mitigate the shock associated with incarceration atsuch a tender age. This is not
the usual position as most children are being kept amongst adults prisoners due to the shortage of space.
These children are also not being inducted and counseled due to the shortage of the rehabilitation officers at
the prison. There is need for a clear policy which would guide the prison services on rehabilitation of
juveniles.
While serving, juveniles should be afforded a chance to pursue academic goals. The Zimbabwe Prison
Service reportedly only offers free primary education to inmates. The challenge will come when it comes to
high school education. Some juveniles are sent to Whawha Young Offenders' Prison and Northcourt
Institute for Young Offenders, which institutions accommodate juveniles only up to 20 years only. These
institutions operate along the lines of an ordinary college where juveniles will totally engage in schooling or
technical pursuits so that on completion of their sentences they would have acquired a skill.
4.7.
CONCLUSION
The officials in the juvenile justice must exercise their functions in a manner that promotes the rights of
juveniles. This can be achieved through implementing the provisions in the current legal framework which
are in the best interests of the child and highlighting to the legislature those that need to be amended.
103
Honourable Justice A M Chitakunye “Treatment of Juvenile Offenders in Criminal Matters” Harare 2010
24
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