Alternative hearings for children in conflict with the law : an analysis

Abstract

The systems of Juvenile Courts and other Judicial and Welfare Institutions and systems for Children in Conflict with the law, are looked at from different contexts. First the historical one, since their inception, to date, with a special emphasis on the Maltese Juvenile Court Development. Another very important context is that of due process, which in jurisdictions such as USA, meant the beginning of the end of a large number of Juvenile Courts. Essential is what International Instruments have to say about these bodies, and whether they require in essence an alternative hearing for children in conflict with the law. Different countries around the world can be classified in adopting a three fold approach, that of having a criminal court, but with special conditions, others which tried to adopt a system which avoids recourse to courts, whilst others adopted an alternative body, acting instead or with the Court. Generally, different jurisdictions adopt more than one such system at a time. That was the fourth context, which leads us to the fifth, where analysis of the different philosophies in approaches is made, and how these impinge on Alternative Hearings, and the Maltese Legislation, its pitfalls and needs for reforms.