Press briefing of Cabinet Decision taken on 2020-09-16

Amendment of the Children and Young Persons Ordinance and the Youthful Offenders (Training Schools) Ordinance

- In terms of the provisions of the Children and Young Persons Ordinance a child is defined as a person under 14 years. However, according to the Youthful Offenders (Training Schools) Ordinance persons between the age of 16 - 22 are stated as youthful persons. Further in regard to the offenses committed by the children below 16 years the Courts will direct them to the certified probationary schools monitored by the Department of Probation and Childcare Services for correction activities whereas in regard to the offenses committed by children over 16 years, the Courts either sentenced them prison or direct the young offenders to the Training Schools for Youthful Offenders. However, in terms of the provisions of the Convention on the Rights of the Child, persons below the age of 18 years should not be sentenced to prison.

Therefore, the proposal made by the Minister of Justice, to amend the Children and Young Persons Ordinance to define a child as a person under 18 years and simultaneously to amend the Youthful Offenders (Training Schools) Ordinance so as to define a youthful person as a person between the ages of 18 and 22 years, enabling to solve the existing legal contradiction, was approved by the Cabinet.