Cases involving juvenile will be given priority in handling, hearing and determination under new instructions issued by the President of the Supreme Court, as part of broader measures aimed at making court proceedings more child-friendly. The instructions, signed by Supreme Court President Domitilla Mukantaganzwa and published in the Official Gazette on October 1, will take effect on November 1. Where practicable, courts will be required to set aside specific days for cases involving children and designate specialised judges to handle them. The measures apply to anyone under the age of 18 involved in criminal, child protection and family law proceedings. ALSO READ: Child detention to be used as ‘last resort’ in new policy Detailed report required before registration Under the new rules, prosecutors must submit a detailed report on a child before a court can register a case involving them. The report will form part of the case file, and failure to submit it “prevents the case from being registered in court,” according to the instructions. The requirement applies whether the child is an alleged offender or a victim. The report must detail the child’s family background and history, health, education, upbringing and home environment, as well as the results of any medical or psychological examinations. It must also include recommendations on rehabilitation or social reintegration. Courts will use the information when considering diversion or other protective measures. ALSO READ: Justice: Juvenile cases doubled in past four years – lawyers’ association Pre-trial meeting before hearing Before a case involving a child is placed on the hearing schedule, the court registry must hold a pre-trial meeting using any available means, including technology. The meeting will be used to verify that the case file is complete and that the child is ready for the hearing. No professional attire Judges, prosecutors and lawyers handling cases involving children will not wear professional attire. They must also communicate in language the child can understand and explain all aspects of the proceedings. Uniformed officers will not be allowed in courtrooms unless their presence is required for security reasons. ALSO READ: Juvenile justice speaks loud and clear for children’s rights Separate transport and waiting areas A detained child accused of breaking the law must be kept separately from adults and transported to court separately. Children summoned to court must also wait in a safe place away from adults before and after the hearing. They should be accompanied by a trusted adult and, where appropriate, a lawyer. Identity protection The identity of a child who is being prosecuted, is a victim or appears as a witness must not be disclosed to the public or media. People allowed to attend hearings are also prohibited from disclosing information about the case. Rehabilitation over punishment The instructions also direct courts to prioritise rehabilitation over punishment. Where possible, courts must encourage plea bargaining or amicable settlement between the child and the victim, unless otherwise provided by law. Judges are also required to take into account the child’s individual circumstances and reflect them in their judgments. The new measures are intended to ensure that cases involving children are handled more quickly while providing additional protection throughout the judicial process.
