4.
Roles of Stakeholders in Juvenile Justice
4.1.
INTRODUCTION
The workshops with officials in the juvenile justice revealed that some stakeholders were not aware of their
duties and what the law provides when it comes to the handling of juveniles. The Committee has
emphasized that the proper and effective implementation of rights of juveniles within the justice system
depends on the quality of the persons involved in the administration of juvenile justice. Training of the
police, prosecutors, magistrates, probation officers, legal and other representatives of children is therefore
crucial and should take place in a systematic and ongoing manner.99 This chapter sets out to outline the roles
and responsibilities of stakeholders in juvenile justice in order to promote consistent practice when dealing
with children in contact with the law. It draws from the workshops that were held with the officials.
4.2.
THE POLICE
The Constitution of Zimbabwe provides that the function of the police is to detect, investigate and prevent
crime, upholding the Constitution and enforcing the law without fear or favour, preserve the internal security
of and maintaining law and order in Zimbabwe among other functions.100 The Police Act provides that a
police officer shall exercise such powers and perform such duties as are conferred or imposed by the law. 101
The officials indicated during workshops that the police are first port of call when it comes to juvenile
justice. They should investigate then arrest and not arrest to investigate.
When the case involves a child offender the police should treat that matter differently. Police are generally
intimidating to children. While the police should ensure that peace and tranquility exist and law is upheld,
when dealing with children in contact with the law they should treat them like children. The way the police
should approach, talk to or behave in the presence of a child should be different. The police should not
handcuff a child.
On effecting arrest, the police should bring the child to the police station where the charge should be
presented to child promptly in the presence of a guardian or parent. The police should strive to release
children into the custody of their parents or guardians whilst waiting for the court day or investigations. If
the police keep the child in detention, the child should be separated from adults. The police should also
consult a probation officer as soon as possible upon arresting a juvenile.
4.3.
THE PROBATION OFFICER
Probation officers have a major role when it comes to cases of children in conflict with the law. The
functions of a probation officer are provided for in terms of the Children's Act. In addition to what has been
stated above a probation officer should:
Inquire into and report to the court upon the character and environment of any minor on trial, or
undergoing a preparatory examination or inquiry. The report should show the causes and
circumstance contributing to the child's delinquency;
Devise and carry out measures for the observation and correction of tendencies to delinquency in
children and for the discovery and removal of conditions causing or contributing to juvenile
delinquency; and
Counsel, supervise and control any person placed under their supervision.102
99
General Comment No. 10 (2007) op cit p10
Section 219 of the Constitution of Zimbabwe
101
Section 19 of the Police Act Chapter 11:10
102
Section 46 of the Children’s Act
100
23
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