Sexual Offenses, Drug Treatment and Children’s Courts
By Renay Sambach
Opening of the Drug Treatment Court in Georgetown.
Kaieteur News – As we continue to dive into Guyana’s Judicial system and the various aspects of the court, today I will share some details about the Sexual Offenses, Drug Treatment and Children’s Courts.
Each court, as you would realize, was set up to deal with a particular area, with the idea of changing the atmosphere of a regular courtroom.
Oh! Before we move on, I must update those who have been following this page that Georgetown Magistrates’ Courts last week, to my surprise, acted against those who stepped there. In fact, I am motivated to continue sharing even more with you, even if the actions taken by The Court Journal disclosures have not been disclosed (but I highly doubt it). For those who missed last week’s Sunday article on booting in the legal system, you can read it here: https://www.kaieteurnewsonline.com/2021/02/21/touting-an-unlawful-act-that- continues-to -flourish-in-the-legal-professional /.
Now back to the topic of the week.
The Court of Sexual Offenses in Essequibo.
COURT OF SEXUAL CRIME
With the sensitive nature of sexual offenses, the Sexual Offenses Court was created with the alleged victims in mind, and to protect them from any further trauma from seeing the accused in evidence.
Court-friendly features of court victims have been helping with the successful prosecution of rape cases.
Established on November 13, 2017, the Court of Sexual Offenses is situated in the Sixth Court of the Supreme Court and represents the commitment of the judiciary to be responsive to the concerns raised in society about conducting sexual offense case trials .
The court has audio-visual devices to assist witness testimony. There are two screens in the courtroom which give complainants a more suitable location to face their alleged perpetrators.
Since the expert court went into effect, several trials have been scrapped and several people have been convicted of sex crime offenses.
The court has a panel of eminent judges, including, Justice Simone Morris-Ramlall, Justice Joanne Barlow, Justice Navindra Singh, Justice James Bovell-Drakes and Justice Brassington Reynolds, whose functions are rotated.
Prior to the establishment of the Sexual Offenses Court, a large number of sexual offense cases were at dlele-prosequi (dismissed), mainly because the alleged victims were reluctant to testify before the High Court.
Reports noted that the average trial duration is four days. The longest, so far, has been eight days and the shortest three days, and if the process is not handled carefully, it can cause secondary trauma to the victims.
Due to the sensitive nature of sexual offense cases, victims are often appalled at reporting their experiences to the police. For those who report their matter and the alleged perpetrators are charged, the case usually moves slowly through the court system. When the issues reach court, most victims may refuse to pursue the matter because of the time it takes and how traumatic the experience can be.
As a result, there are two screens in the sexual offense courtroom which help to provide the complainants with a more suitable location to face their alleged perpetrators.
With this dedicated facility in place, jurors have reported that more victims of sexual assault are finding the courage to seek justice through the courts.
During the proceedings, judges are required to take the evidence by hand but a recording system is also incorporated in the court.
As promised, during May 2019, a sexual offenses court was established in New Amsterdam, Berbice and during September 2019, another sexual offenses court was established in Essequibo up to $ 17.4M.
DRUG TREATMENT COURT
On October 21, 2019, Guyana opened the doors to its first-ever Drug Treatment Court (DTC).
The DTC was set up to combat the growing issue of drug users and drug abuse related crimes. The court is housed in the courtroom that was once Court Seven, along with another room at Georgetown Magistrates’ Court, which was renovated for just under $ 1M.
As a result of the hard work and determination of members of the Supreme Court of the Guyana Judiciary, the Organization of the American Inter-American Drug Abuse Control Commission (OAS-CICAD) and the Guyana National Anti-Narcotics Agency, the court came into being.
According to information from the Supreme Court of the Judiciary of Guyana, a Drug Treatment Court is a specialized court for people with substance use disorders such as ‘drug addiction.’
The DTC is a problem-solving court that seeks to address the needs of all participants in the court program, including their drug use and associated criminal behavior.
Instead of imprisoning people with drug offenses, this court gives them the opportunity to go into long-term treatment and agree to court supervision. With the assistance of the OAS-CICAD and the United States (US), five Magistrates were trained to act in the DTC. The training was done in the US by the National Association of Drug Court Professionals.
How does a Drug Treatment Court operate?
According to information from the Guyana Supreme Court of Judiciary, in order to qualify for the Drug Treatment Court, a person must be an adult charged with a minor, drug, or related offense, likely to be likely to must be reclusive, and must be experiencing a severe substance use disorder.
Upon pleading guilty or being convicted by a magistrate for certain specified offenses, the prisoner is given the option of a custodial sentence or entering a treatment program as an alternative to imprisonment.
Participation in the program is voluntary. The purpose of the programs is to prescribe a treatment that is tailored to the participant’s needs.
Key interventions of the DTC are educational sessions, one-to-one counseling, group counseling, drug testing, treatment recovery plan, re-integration of postgraduate plans.
In Guyana, we have the Phoenix Recovery Center, the Salvation Army and other such organizations that are well equipped to deliver the recovery plans. The Supreme Court is working with its stakeholders to ensure the success of the DTC.
The DTC team is largely made up of magistrates, state councils from the office of the Director of Public Prosecutions (DPP), the defense attorney or the legal aid attorney who will represent the offender, probation officer; a representative of the approved substance abuse providers, a case manager and any other persons directed by the court.
The team is tasked with conducting the initial assessment of eligible participation and providing the court with updated information about the participant. Once a participant signs a written agreement to participate, which will be fully explained to him / her, they are required to comply with the same.
If a participant fails to complete the program, their case will be processed in the traditional criminal justice system.
The Guyana Supreme Court of Judiciary had emphasized that the DTC program requires a great deal of commitment from participants and dedicated case oversight by the drug treatment court team.
This may require participation for many months to help the individual maintain long-term recovery strategies. In addition, there will be frequent and random drug tests to ensure people stay clean. Participants must attend court frequently so that they can be monitored and encouraged to improve and sustain their recovery.
The program is designed to structure participants’ lives and support their recovery. It was noted that participants are not alone in recovering from their drug dependency.
Court members help participants in their progress toward recovery and hold them accountable for deficiencies in improvement.
In addition, participants who successfully complete the CFS program can receive a light sentence such as a fine or community service, or have their basic criminal charge dismissed or no conviction recorded.
Upon successful completion of the program, there is a graduation ceremony whereby participants will be rehabilitated and prepared for reintegration into their community where they can make a meaningful contribution to society.
Unlike traditional courts, DTCs take a cooperative approach to justice. The Magistrate, Prosecutor, Defense Attorney, Social Worker, Police Officer, Treatment Provider and Mental Health specialists work with all participants to seek solutions to their benefit.
Children’s Court in Georgetown.
COURT OF CHILDREN
With the passing of the Juvenile Justice Act, the first Children’s Court was commissioned on October 31, 2018, at Georgetown Magistrates ’Court.
Children are among the most vulnerable members of society.
The establishment of this Children’s Court highlights the importance that the Cooperative Republic of Guyana gives to the principle in the best interest of the child.
Establishing a Children’s Court is essential to ensure that the objectives of the Youth Justice Act are developed and achieved. A more restorative and restorative system of juvenile justice is essential. It is essential to promote the best interests of our children.
The Children’s Court had been in operation since 2004, after the People’s Party / Civic Progressive Party (PPP / C) Government presented its first report to the Committee on the Rights of the Child.
The two Magistrates who were extensively trained to hear matters in the Children’s Courts are Dylon Bess and Annette Singh.
The committee then made a number of recommendations urging their implementation as soon as possible.
Some of those actions include raising the criminal responsibility age from 10; and to ensure that the majority of underage adults are not tried as adults, but receive adequate special protection.
According to reports, the law gives free legal advice to children under 18.
The law provides a humane alternative to the tense formal court setting, and remands and imprisonment for juvenile law breakers.
The Children’s Court is designed to assist in helping young people and to avoid them falling deeper into a life of crime.
One of the aims of the court is to divert young people from the formal court procedure, which will be an asset in dealing with perpetrators.
Some of the procedures put in place to rehabilitate and deal with young people who commit offenses can range from an apology to a mandatory attendance to some vocabulary education center; or compensation to the victim in an amount that the youth’s family can afford.
The CPD, Prosecutors and Police officers can also consider warnings and referrals to avoid juveniles going to court.
However, the DPP must carry out pre-charge screening before charging a young person and putting it before the courts. The CPD must give written consent to any private individual who wishes to initiate charges against a young person.
Instead of sentencing a young person to prison, you are advised to secure rehabilitation, elimination and reintegration into society.
Before ordering a custodial sentence, the court must review pre-sentence reports that the Chief Probation Officer must prepare.